TERMS OF SERVICE


Last Updated: December 22, 2022


OVERVIEW

Funk Motorsport Ltd is the website’s owner and operator. The pronouns “we,” “us,” and “our” refer to Funk Motorsport Ltd throughout the website. You, the user, are provided by Funk Motorsport Ltd with access to this website and all information, tools, and services available from this site on the understanding that you will abide by all terms, conditions, policies, and notices indicated here.

You engage in our “Service” by browsing our website, buying anything from us, or both. By doing so, you agree to be bound via the terms and conditions set forth below, including all additional terms and conditions and policies linked herein and/or accessible by hyperlink. All users of the site, including without limitation browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms of Service.

Before using or visiting our website, please take the time to thoroughly read these Terms of Service. You agree to be bound by these Terms of Service by accessing or using any element of the website. You are not permitted to use any services or visit the website if you do not agree to all of the terms and conditions of this agreement. Acceptance is conditionally set forth in these Terms of Service, if these Terms of Service are an offer.

The Terms of Service also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the terms of service. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms of Service. It is your obligation to periodically check this page for updates. Following the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

You warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service.

You are not allowed to use our products for any improper or prohibited purposes, and you are not allowed to break local laws by using the Service (including but not limited to copyright laws). You must not distribute any worms, viruses, or other disruptive code. Your Services will be immediately terminated if any of the Terms are broken or violated.

SECTION 2 – GENERAL CONDITIONS

Anytime, for any reason, we have the right to deny service to anyone.

You acknowledge that your content (except credit card data) may be transmitted over a variety of networks and entail (a) transmissions; and (b) modifications to comply and adapt to the technological requirements of connecting networks or devices Whenever credit card data is transferred over networks, it is always encrypted.

You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.

The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Inaccurate, incomplete, or out-of-date information on this website is not our responsibility. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.

There may be historical data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep track of updates to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Without prior notice, our product prices can vary. We retain the right to change or stop providing the Service (or any feature or material within) at any time and without prior notice. Any time the Service is altered, its pricing is changed, it is suspended, or it is discontinued, we won’t be responsible to you or any third parties.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some goods or services might only be accessible online via the website.

These goods or services might be in short supply and can only be returned or exchanged in accordance with our return policy. You can view our Shipping, Return & Warranty Policy here.

Every effort has been made to ensure that the colours and photographs of our products displayed in the store are as accurate as possible. We cannot guarantee that any colour you see on your computer screen is accurately represented.

We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.

In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

Any order you place with us may be rejected by us at our discretion. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. The email address, billing address, and/or phone number you supplied at the time the transaction was placed may be used to reach you in the event that we amend or cancel an order. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.

For any purchases made at our store, you agree to provide current, complete, and accurate account and purchase information. In order for us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates. Please examine our Returns Policy for more information.

SECTION 7 – OPTIONAL TOOLS

We might give you access to third-party tools that we don’t monitor, control, or have any say in.

You understand and accept that we provide these tools accessible “as is” and “as available” without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We won’t be held responsible for anything related to or resulting from your use of optional third-party tools.

Use of any optional tools made available through the site is solely voluntary and at your own risk. You are responsible for familiarising yourself with and approving the conditions on which any applicable third-party provider makes available such tools (s). In the future, we might add additional features to the website or provide new services (including, the release of new tools and resources). These Terms of Service will also apply to such new features and/or services.

SECTION 8 – THIRD-PARTY LINKS

Materials from third parties may be included in some content, goods, and services made available through our site. You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.

Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party’s rules and practices to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments. We may monitor, edit, or remove information that, in our sole opinion, is offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property or these Terms of Service, but we are not required to do so.

You acknowledge that you will not post anything that infringes on anybody else’s copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won’t contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy applies to any personal information you submit through the store. Click here to view our privacy statement.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

On rare occasions, material on our website or in the Service may have clerical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. Without prior notice, we retain the right to change or update information, cancel orders, and/or correct any mistakes, inaccuracies, or omissions in any part of the Service or on any connected website (including after you have submitted your order).

Except as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information. It should not be assumed that all of the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.

SECTION 12 – PROHIBITED USES

You are forbidden from using the website or its content in addition to other restrictions outlined in the Terms of Service: To violate any local, national provincial, or state laws, rules, or regulations; to engage in any criminal activity; to solicit others to engage in any unlawful activity; or to engage in any unlawful activity; (d) to violate or infringe upon the intellectual property rights of others or our own; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or engage in any form of discrimination based on a person’s gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used h) to gather or track the personal data of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscenity or immoral intent; or k) to tamper with or go beyond the security safeguards of the Service or any associated website, other websites, or the Internet. For breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be. We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service. You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.

You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.

Any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not be made by Funk Motorsport Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, or to any loss or damage of any kind incurred as a result of using the service or any materials (or products) posted, sent, or otherwise made accessible through the service, even if a possibility of such losses or damages has been previously discussed. Our liability shall be limited to the greatest extent permitted by law in those states or jurisdictions that do not allow the exclusion or the restriction of liability for consequential or incidental damages.


SECTION 14 – INDEMNIFICATION

You consent to defend, hold harmless, and indemnify Funk Motorsport Ltd and all of its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of any provision of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 – SEVERABILITY

The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The termination of this agreement shall not affect the parties’ obligations and liabilities accrued before the termination date.

Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time.

We may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up until and including the date of termination. Additionally, we may do so by denying you access to our Services if, in our sole discretion, you do not comply with any term or provision of these Terms of Service (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.

Your use of the Service is governed by these Terms of Service and any other policies or operating guidelines we post on this website or with regard to the Service, which supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.

SECTION 18 – GOVERNING LAW

The laws of the United Kingdom shall govern these Terms of Service and any other agreements under which we supply you Services and will be followed in their interpretation.

SECTION 19 – CHANGES TO TERMS OF SERVICE

On this page, you can always review the most recent version of the Terms of Service.

By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.

SECTION 20 – CONTACT INFORMATION

Send us an email at info@funkmotorsport.com if you have any questions about the Terms of Service.