Last update: 5 April 2021
1. GENERAL INFORMATION
1.2 License to use SpeedHolics. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use SpeedHolics pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information provided via SpeedHolics, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of any such information.
1.4 Third-party links. SpeedHolics may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites.
1.5 Support. Any general requests for customer support should be addressed to us by email at email@example.com.
1.6 Minors. SpeedHolics should not be accessed and used by persons under the age of 16.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of SpeedHolics and should be read and interpreted together with these Terms are:
SpeedHolics Copyright and DMCA Policy; and
Other individual terms and conditions made available by us through SpeedHolics.
2. ACCESS TO SPEEDHOLICS
Have read the said documents;
Agree to comply with these Terms and all applicable laws;
Will provide full, complete and accurate information, including personal data, and agree to amend it as soon as any changes occur;
Are solely responsible for any activity that occurs through your Member Account and shall not hold us liable in this regard, for any reason whatsoever.
2.2 Authorisation to create the Member Account. If you act on behalf of a business entity in accepting these Terms, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the Member Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. We are not be responsible in any manner and bear no liability for your activities carried out without such authorisation.
2.3 Security of the Member Account. You are solely responsible for maintaining the security of your login details. If any security breach or unauthorised use of your Member Account occurs, you must immediately notify us. You are also responsible for using secure Internet connection and protected networks when accessing and using SpeedHolics. We cannot and will not be liable for any loss or damage resulting from your failure to take precautions, as necessary to protect your device from viruses, malware, worms, Trojan horses, and other harmful or destructive content. You hereby accept all risks of unauthorised access to the Member Account and any data related thereto that occurs outside our reasonable control.
2.4 Suspension and termination of the Member Account. We reserve the right to suspend, disable, or delete any Member Account (or any part thereof) if there are reasonable grounds to believe, at our sole discretion, that you have violated any provision of these Terms or your conduct tends to damage our reputation and goodwill. The Member Account deleted for the foregoing reasons cannot be re-registered. The Member Account may also be suspended or terminated upon a lawful request of a public authority.
3. INTELLECTUAL PROPERTY
3.1 Our content. Most of the content available on SpeedHolics, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrap any content available on SpeedHolics.
3.2 Our brand. You may not use the brand, the word or figurative trademarks associated with SpeedHolics or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
3.3 Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks and images, featured on SpeedHolics may be owned by other third parties. Such third-party intellectual property does not belong to us (but we may be licensed to use it) and it remains the sole property of the respective third-party proprietors.
3.4 Copyright infringement claims. If you have any grounds to believe that any content available on SpeedHolics violates your or third party’s intellectual property rights, please consult our Copyright and DMCA Policy that explains in detail how to write and send a copyright infringement notice to us.
4. ACCEPTABLE USE POLICY
4.1 When using SpeedHolics, you are required to follow our acceptable use policy outlined in this Section 4. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use SpeedHolics in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening SpeedHolics;
Interfering with or abusing other users of SpeedHolics;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of SpeedHolics.
5. Availability AND FORCE MAJEURE
We put reasonable efforts to ensure that SpeedHolics is always accessible to you. However, the availability of SpeedHolics may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of SpeedHolics caused by such factors.
6. DISCLAIMER OF WARRANTIES
6.1 We provide SpeedHolics on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of SpeedHolics, any content featured on SpeedHolics, whether provider by us or by third parties, and hereby disclaim all warranties regarding SpeedHolics and its operation.
6.2 It is your sole responsibility to verify and assess the fit for the purpose of SpeedHolics prior to using it and to decide whether or not SpeedHolics fits for the intended use.
6.3 By using SpeedHolics, you acknowledge that we may use third-party suppliers to provide content, software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
6.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
7. LIMITATION OF LIABILITY
7.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of SpeedHolics, any chats developed by you by using SpeedHolics (whether used by you or by any third parties), any content made available through SpeedHolics (whether provided by us or by third parties), any transactions concluded through SpeedHolics, or use of SpeedHolics for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
7.3 This Section 7 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of SpeedHolics, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
10. GOVERNING LAW AND DISPUTES
10.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflicts of law provisions.
10.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in Zürich.
11.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
11.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on SpeedHolics. Such amendments may be necessary due to the changes in the requirements of laws, regulations, the features and functionalities of SpeedHolics, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of SpeedHolics after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through SpeedHolics at any time, at our sole discretion.
11.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of SpeedHolics;
Report you to the relevant public authorities; or
Commence a legal action against you.
11.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by ceasing to use SpeedHolics.
11.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
11.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of SpeedHolics.
If you have any questions about these Terms, please contact us by using the following contact details: