Terms of Service

Effective date: 21st May 2024

Welcome to TrackBandit (“Company”, “TrackBandit”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at http://trackbandit.com (together or individually “Service”) owned and operated by Track Bandit LLC.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: http://trackbandit.com/privacy.

The Company provides the Services through our Website. By accessing the Services through the Website, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

Thank you for being responsible.

1. Intermediary Service

We provide an online platform to compile and connect you with various motorsport information and services. Our role is to facilitate the connection between event organizers, freelancers, racers and users interested in motorsports. We do not own, operate, or control the events, services, or merchandise listed on our website, nor do we take responsibility for the content, accuracy, or legality of the events or services provided by organizers and freelancers.

By using our website, you acknowledge and agree that:

  • We are not a party to any agreements, contracts, or transactions between organizers, freelancers, racers and users. All transactions, including the purchase and sale of services, are solely between the parties involved.
  • Payments are processed through Stripe, and by creating an account or posting services, organizers and freelancers are required to connect to Stripe and provide their banking information. We do not handle, manage, or hold any funds related to these transactions. All payment disputes, including refunds, chargebacks, and transaction errors, are the responsibility of the respective organizers or freelancers.
  • We do not provide refunds for any transactions facilitated through our platform. Refunds, if applicable, are subject to the terms and policies of the individual event organizers or freelancers. Users must directly contact the respective organizer or freelancer for any refund requests or issues.
  • We are not liable for any claims, losses, damages, or disputes arising from the use of our platform or transactions conducted through it. Our role is strictly as an intermediary, providing a space for organizers and freelancers to offer their services to interested users.
  • Users are responsible for ensuring the accuracy of their information and compliance with all applicable laws and regulations when using our platform. Organizers and freelancers must honor their commitments and provide the services as advertised.

By accessing and using our website, you agree to these terms and understand that we are not responsible for the actions or transactions of third parties facilitated through our platform. We recommend that all parties exercise due diligence and review the terms and conditions of each transaction or service offered.

Racers who purchase spots on our platform have the ability to resell their spots if they are unable to attend. By using this resale feature, you acknowledge and agree to the following terms:

  • Our platform does not provide refunds for purchased spots. If a racer cannot attend, they may resell their spot independently.
  • Racers are solely responsible for the resale of their spots, including ensuring the accuracy and authenticity of the information provided. TrackBandit is not liable for any issues arising from the resale of spots, including but not limited to fraudulent sales, misinformation, or disputes between buyers and sellers.
  • Racers must provide all necessary and accurate information when reselling their spots. Failure to do so may result in penalties or restrictions on future use of the platform. By reselling a spot, racers agree to these terms and acknowledge that TrackBandit is not responsible for any transactions or disputes related to the resale.

  • You are at least 13 years of age.
  • You use the Website and Services according to these Terms and all applicable laws and regulations determined by the country of residence.
  • You provide complete and accurate registration information and maintain accurate registration information on the Website.
  • You agree and understand that TrackBandit may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms.

  • By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
  • You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].

  • By setting up an account with us, you confirm that you are at least 13 years old and that the information you provide is accurate, complete, and up-to-date at all times. Providing false, incomplete, or outdated information could lead to the immediate closure of your account.
  • It’s your responsibility to keep your account details and password confidential. This includes limiting access to your devices and account.
  • You accept full responsibility for any actions taken under your account, whether the activities are conducted through our service or a third-party service. This holds true even if your password is involved.
  • Use If you suspect or become aware of any unauthorized use of your account or any other security breach, you must inform us immediately.
  • Your chosen username must not impersonate someone else, be legally protected under someone else’s rights without their explicit permission, or infringe on trademarks. Ensure your username is not offensive, vulgar, or obscene in nature.
  • We retain the authority to refuse service, close accounts, modify or delete content, or cancel orders at our sole discretion.

  • To access and use the Services, you must sign up on our Website, providing necessary details such as your login details.
  • You commit to: (i) submitting accurate, current, and complete information about yourself during the sign-up process; and (ii) keeping your registration information up-to-date to maintain its accuracy and completeness.
  • Your TrackBandit account can be accessed through the Website using the account credentials you set up during registration.
  • Should you submit any information that is false, inaccurate, not current, or incomplete, or if there are reasonable grounds to believe so, we reserve the right to suspend or terminate your account and deny access to the Services, either now or in the future.
  • During account registration, you will select a password and username for your account access.
  • You are fully responsible for:
  • Keeping your login details confidential and secure.
  • All activities that occur under your account.
  • You must inform us immediately if you suspect any unauthorized use of your account or any other security breaches. While the Company is not liable for losses caused by any unauthorized use of your account, you could be held accountable for losses the Company suffers due to such unauthorized use.

You are not permitted to use someone else’s account without the explicit permission of the account owner.

You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.

When accessing the Website, you shall be prohibited from:

  • using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
  • taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
  • copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Company’s prior written consent;
  • reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
  • attempting to access any area of the Website to which access is not authorised.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, the Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify the Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

  • If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
  • You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
  • We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
  • We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

When you create an event or post a service on our website, you are required to connect to Stripe for payment processing. By doing so, you authorize Stripe to charge your credit card or debit your bank account for the amounts indicated, and, if necessary, to electronically credit your account to correct erroneous debits. All payment information provided must be truthful and accurate and must be provided by the owner or authorized signer of the credit card or bank account. You may be charged a fee (up to the maximum permitted by law) if your payment is dishonored or returned for non-sufficient funds by your credit card company or financial institution. If payment is denied or is unsuccessful for any reason, your order may be terminated.

Generally, we do not provide any refunds. Our website serves as a platform where organizers and freelancers can post their events or services for sale or auction. Individual event organizers or service providers may offer their own separate refund policy. If you make a purchase on the website where a refund is possible, refunds will be settled according to the relevant terms set by the event organizer or service provider, or as required by law.

Organizers and freelancers are solely responsible for managing and processing any refunds. By using our platform, you acknowledge that we are not liable for any refunds. We are a third-party service that facilitates the connection between sellers and buyers.

By using the TrackBandit platform, you agree to the following platform fees:

  • Event Spots Sold: TrackBandit charges a platform fee of 1.5% per spot sold.
  • Services Sold: TrackBandit charges a platform fee of 5% for each service sold.
  • Auction Sales: TrackBandit charges a platform fee of 1.5% per auction sale.

These fees are separate from any credit card processing fees, which are managed by Stripe and beyond our control. All platform fees are applied at the time of transaction and are non-refundable.

Service is intended only for access and use by individuals at least (13) years old. By accessing or using any of the TrackBandit, you warrant and represent that you are at least (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least (13) years old, you are prohibited from both the access and usage of Service.

  • Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TrackBandit and its licensors.
  • Service is protected by patent, copyright, trademark, and other laws of the State of New Jersey.
  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TrackBandit.
  • All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of TrackBandit.
  • Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact TrackBandit immediately at: [email protected]
  • All content, trademarks, data, information or information contained in any materials, or documents used in relation to the TrackBandit and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to the TrackBandit. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without the TrackBandit’s prior written permission.
  • Any and all intellectual property rights in the Content, Services and the TrackBandit or otherwise developed by or on behalf of the TrackBandit, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and the TrackBandit or otherwise developed by or on behalf of the TrackBandit t, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the TrackBandit, its licensors or suppliers, as the case may be, and all rights not expressly granted by the TrackBandit to you are reserved by the TrackBandit.
  • Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the TrackBandit’s Intellectual Property. You may not use the TrackBandit’s Intellectual Property in a manner which may (i) place the TrackBandit’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the TrackBandit.
  • You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by TrackBandit, its third-party providers and other respective owners, if any.
  • Subject to these Terms, and your compliance with these Terms, TrackBandit hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
  • If you breach any of these Terms, the above license will terminate automatically.

  • We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
  • If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to the email of your Copyright Agent , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
  • You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected]

You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the TrackBandit may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the TrackBandit is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the TrackBandit and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  • Our Service may contain links to third party web sites or services that are not owned or controlled by TrackBandit.
  • TrackBandit has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
  • YOU ACKNOWLEDGE AND AGREE THAT TRACKBANDIT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
  • WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  • THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
  • NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  • THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

  • We may terminate your use and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
  • If you wish to stop using our Service, you may simply discontinue using Service.
  • All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  • These Terms shall be governed and construed in accordance with the laws of State of New Jersey without regard to its conflict of law provisions.
  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  • These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
  • Each party irrevocably agrees that the courts of State of New Jersey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
  • Notwithstanding the specified agreement on jurisdiction, you and the TrackBandit shall, if any dispute arises, attempt to settle it by mutual negotiations.
  • You agree that for the purposes of the settlement of disputes between you and the TrackBandit, an e-mail correspondence with the authorized persons of the TrackBandit at: [email protected] shall be the effective and binding method of communication.

  • We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
  • We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
  • From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  • We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
  • 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 frequently so you are aware of any changes, as they are binding on you.
  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
  • If you do not agree to the new terms, you are no longer authorized to use Service.

You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.

  • No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
  • If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support, by email: [email protected]