1.
INTRODUCTION
1.1 Welcome to the
FTGARAGE RACING platform (the
"Site"). Please read the following Terms of Service carefully before
using this Site or opening a account
("Account") so that you are aware of your legal rights and
obligations. The "Services" we provide or make available include (a)
the Site, (b) the services provided by the Site , and (c) all information,
linked pages, features, data, text, images, photographs, graphics, music,
sounds, video (including live streams), messages, tags, content, programming,
software, application services (including, without limitation, any mobile
application services) or other materials made available through the Site or its
related services ("Content").
1.2 Before
becoming a User of the Site, you must read and accept all of the terms and
conditions and you must consent to the processing of your personal data as
described in the Privacy Policy linked hereto.
1.3 FTGARAGE RACING reserves the right to change,
modify, suspend or discontinue all or any part of this Site or the Services at
any time or upon notice as required by local laws.
1.4 FTGARAGE RACING reserves the right to refuse
to provide you access to the Site or Services or to allow you to open an
Account for any reason.
BY USING THE SITE OR OPENING AN ACCOUNT, YOU GIVE YOUR
IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING
THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR
LINKED HERETO.
IF YOU DO NOT
AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU
ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT
TO THE APPLICABLE LAWS IN MALAYSIA (THE
“LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN
AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS
AGREEMENT.
2.
PRIVACY
2.1 Your privacy
is very important to us. To better protect your rights, we have provided the
privacy policy to explain our privacy practices in detail. Please
review the Privacy Policy to understand how we collects and uses the information
associated with your Account and/or your use of the Services (the “User
Information”). By using the Services or providing information on the Site, you:
(i) consent to FTGARAGE
RACING collection, use, disclosure and/or processing of personal data and User
Information as described in the Privacy Policy;
(ii) agree and
acknowledge that the proprietary rights of your User Information are jointly
owned by you and FTGARAGE RACING and
(iii) shall not,
whether directly or indirectly, disclose your User Information to any third
party, or otherwise allow any third party to access or use your User
Information, without FTGARAGE RACING prior
written consent.
2.2 You are
welcome to link to the Site from your website, provided that your website does
not imply any endorsement by or association with FTGARAGE RACING. You
acknowledge that FTGARAGE RACING may, in its sole discretion and at any time,
discontinue providing the Services, either in part or as a whole, without
notice.
3.
ACCOUNTS AND SECURITY
3.1 Some functions
of our Services require registration for an Account by providing certain personal
information.
3.2 You agree to
(a) keep your password confidential and use only your User ID and password when
logging in, (b) ensure that you log out from your account at the end of each
session on the Site, (c) immediately notify FTGARAGE RACING of any unauthorised
use of your Account, User ID and/or password, and (d) ensure that your Account
information is accurate and up-to-date. You are fully responsible for all
activities that occur under your User ID and Account even if such activities or
uses were not committed by you. FTGARAGE RACING will not be liable for any loss
or damage arising from unauthorised use of your password or your failure to
comply with this Section.
3.3 You agree that
FTGARAGE RACING may for any reason, in its sole discretion and with or without
notice or liability to you or any third party, immediately suspend, freeze or
terminate your Account and your User ID, cancel any transactions associated
with your Account and User ID, and/or take any other actions that FTGARAGE
RACING deems necessary. Grounds for such actions may include, but are not
limited to, actual or suspected (a) extended periods of inactivity, (b)
illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (c)
having multiple user accounts, or (d)
behaviour that is harmful to other Users, third parties, or the business
interests of FTGARAGE RACING. Use of an Account for illegal, fraudulent,
harassing, defamatory, threatening or abusive purposes may be referred to law
enforcement authorities without notice to you. If a legal dispute arises or law
enforcement action is commenced relating to your Account or your use of the
Services for any reason, FTGARAGE RACING may terminate your Account immediately
with or without notice.
4.
DELIVERY
4.1 FTGARAGE RACING will use our best effort to ensure that Users receives the purchased items within the
time period normally specified by our logistic partners.
4.2 In the event
where the purchased item(s) is damaged, lost or failure of delivery during the
course of delivery, Users acknowledge and agree that FTGARAGE RACING will not
be liable for any damage, expense, cost or fees resulted therefrom and FTGARAGE
RACING will reach out to the logistic service provider to resolve such dispute.
5.
RETURN AND REFUND
5.1 Buyer may
apply for the return of the purchased item and refund, if applicable, subject
to and in accordance with FTGARAGE RACING Refunds & Returns Policy
5.2 FTGARAGE
RACING reserves the right to cancel any transaction on the Site and Buyer
agrees that Buyer’s sole remedy will be to receive a refund paid into Buyer’s
account.
6.
FEEDBACK
6.1 FTGARAGE
RACING welcomes information and feedback from our Users which will enable FTGARAGE
RACING to improve the quality of service provided. Please refer to our feedback
procedure below for further information:
(i) Feedback
may be made in writing through email to or using the feedback form found on the
Site.
(ii) Anonymous
feedback will not be accepted.
(iii) Vague
and defamatory feedback will not be entertained.
7.
LINKS TO THIRD PARTY SITES
7.1 Third party
links provided throughout the Site will let you leave this Site. These links
are provided as a courtesy only, and the sites they link to are not under the
control of FTGARAGE RACING in any manner whatsoever and you therefore access
them at your own risk. FTGARAGE RACING is in no manner responsible for the
contents of any such linked site or any link contained within a linked site,
including any changes or updates to such sites. FTGARAGE RACING is providing
these links merely as a convenience, and the inclusion of any link does not in
any way imply or express affiliation, endorsement or sponsorship by FTGARAGE
RACING of any linked site and/or any of its content therein.
8.
INDEMNITY
8.1 You agree
to indemnify, defend and hold harmless FTGARAGE RACING, and its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other
partners, and employees (collectively, the "Indemnified Parties")
from and against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, any other dispute resolution expenses) incurred
by any Indemnified Party arising out of or relating to: (a) any transaction
made on the Site, or any dispute in relation to such transaction , (b) the
hosting, operation, management and/or administration of the Services by or on
behalf of FTGARAGE RACING, (c) your violation or breach of any term of these
Terms of Service or any policy or guidelines referenced herein, (d) your use or
misuse of the Services.
9.
SEVERABILITY
9.1 If any
provision of these Terms of Service shall be deemed unlawful, void, or for any
reason unenforceable under the law of any jurisdiction, then that provision
shall be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions in such
jurisdiction nor the validity and enforceability of the provision in question
under the law of any other jurisdiction.
10.
GOVERNING LAW
10.1 These
Terms of Service shall be governed by and construed in accordance with the
Malaysian law. Unless otherwise required by applicable laws, any dispute,
controversy, claim or difference of any kind whatsoever shall arising out of or
relating to these Terms of Service against or relating to FTGARAGE RACING or
any Indemnified Party under these Terms of Service shall be referred to and
finally resolved by arbitration in Kuala Lumpur. There will be one (1)
arbitrator and the language of the arbitration shall be English.
11.
GENERAL PROVISIONS
11.1 FTGARAGE
RACING reserves all rights not expressly granted herein.
11.2 FTGARAGE
RACING may modify these Terms of Service at any time by posting the revised
Terms of Service on this Site. Your continued use of this Site after such
changes have been posted shall constitute your acceptance of such revised Terms
of Service.
11.3 The
failure of FTGARAGE RACING at any time or times to require performance of any
provision hereof shall in no manner affect its right at a later time to enforce
the same unless the same is waived in writing.
11.4 If you
have any questions or concerns about these Terms of Service or any issues
raised in these Terms of Service or on the Site, please contacts us at: support@ftgarage.com.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION
THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” BUTTON DURING REGISTRATION, I
UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE
SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.