Terms of Use Connect App

Terms of Use for the Rotax Connect Mobile Application (Connect App) of BRP-Rotax GmbH & Co KG (Rotax)

1. Introduction

With the free Rotax Connect App our goal is to support our customers (“Users”) with quick and easy access to information about our latest Kart products and services (“Information and Services”).

Rotax will keep the latest version of this Terms of Use (“Terms”) available under “Account” where Users can review it at any time. The Terms also apply to all upgrades provided by us that replace or supplement the current Rotax Connect App unless stated otherwise. We always include both genders when referring to “users”. When referring to Rotax we always talk about BRP-Rotax GmbH & Co KG. In order to be able to use the full functionality range of the Rotax Connect App Information and Services a one-time registration is required (see section 4 below).

As soon as you download the Rotax Connect App the Terms of the Rotax Connect App are regarded as agreed. Further when downloading the Rotax Connect App you also agree to data protection declaration as well. Please take the time to read the Terms before starting using the services via the Rotax Connect App.

2. Validity of the Terms

The User consents to the validity of these Terms and any agreements incorporated therein either by (i) using the services in case they are available without registration, or (i) registration via the required account. Neither the registration nor the use of the complete products and services shall be possible without consent to these Terms. These Terms apply to all points of access, including (sub-) domains and mobile applications. In particular the Rotax Connect App online offering will be accessible via Google Play Store (for Android) and App Store (iOS). These Terms shall be valid until canceled in the currently valid version as of 07.12.2022.

3. Subject of the Agreement

3.1. The Rotax Connect App provides the User with (i) up to date information on the latest Rotax Kart products and services (“Latest”), (ii) a way to connect with other Drivers and proclaim or join an event (“Connect”), (iii) an overview on upcoming official races (iv) a possibility to register and manage engines. The Information is provided in the English language only. User explicitly consents to the fact that the Terms are available in English only as prevailing language in the aviation field and confirms that he is able to understand the provisions hereof sufficiently.

3.2. The Rotax Connect App for Apple iOS and Android can be used on the smartphone in connection with the Salesforce.com platform and Craft CMS on a global scale. Subject to User’s consent, relevant data (according to 4.1) is transmitted to the Salesforce.com platform used by Rotax and its Distributor network for Information and Services. The User hereby confirms the User’s knowledge that costs of mobile phone carriers, if any, related to the use of the Rotax Connect App will have to be borne by the User. Additional terms and conditions, if any, on the part of mobile phone providers apply.

4. Registration

4.1. Registration is carried out via the Rotax Connect App and for the purpose of registration the User shall provide the details as requested by the registration form, unless marked as voluntary, namely: first name, last name, email-Address.

4.2. By registering the User confirms its knowledge and the unlimited recognition of the content of these Terms as well as that all registration data is true, accurate, current, and complete, and User will keep all registration information up to date. Following successful registration, the User can log on to the Rotax Connect by entering its email address and the chosen password. Rotax reserves the right to reject Users without giving reasons. In this event, any transmitted details will be deleted promptly unless Rotax is required to store such details as laid down in Section 6.3. In any event Rotax reserves the right to contact the User at any time to verify User registration data. Rotax is not responsible for the actual identity of the User.

5. Terms of Use

5.1. The User must protect its account from unauthorized and fraudulent use. Please notify Rotax immediately by email to privacy.rotax@brp.com of any unauthorized or fraudulent use of the User’s account. Rotax has the right to close or cancel the account of any User in the event of any unauthorized or fraudulent use.

5.2. The Rotax Connect App is intended for personal use of the User.

5.3. User may terminate its use of the Rotax Connect App at any time by deleting it according to the guidelines for the applicable mobile operating system. Rotax reserves the right to terminate User’s access to Rotax Connect App and related account for important reasons such as but not limited to breaches of this Terms by the User.

5.4. User Obligation: The User must (i) truthfully provide, keep current and complete its registration details and must not pass on its registration details to third parties; Rotax shall not be responsible for inaccurate content created by the User; (ii) only save, transmit and distribute such content if User is authorized to pass on such content. The User shall be exclusively responsible for such content; (iii) not carry out any disrupting interference by use of electronic or technical aids (e.g. planting of viruses/worms/Trojans) and other disturbing attempts regarding the Rotax Connect App software, and (iv) provide prompt notice via email privacy.rotax@brp.com of any detected unauthorized or fraudulent use or other misuse; (v) Information, brand names and other content shall not be modified, copied, duplicated, sold, leased, complemented or utilized in any other way without Rotax’ prior written consent.

6. Privacy Policy

Please see the separate Privacy Policy available on https://www.rotax-kart.com/con...that is an integral part of this Terms.

7. Representations and Warranties

7.1. Rotax does not represent or warrant that (i) the Rotax Connect App will be available at all times, or that it and the necessary hardware and software will be completely free from errors; (ii) that the transmission of data via other systems, in particular the internet and telecommunication networks is not tracked, recorded or distorted by third parties;

7.2. The User uses the Rotax Connect App at its own risk which applies including without limitation to the related use of any hardware, downloading of the User’s own content and any use by the User of data created or provided by Rotax. Rotax does not make any representations and warranties with respect to external links, if any, that may be made accessible to the Use and to products and services of third party providers.

8. Limitation of Liability

Rotax shall be liable as currently provided by law only if Rotax has caused damages willfully or with gross negligence. In the event of slight negligence Rotax shall not be liable to other businesses and shall be liable to the consumer only for personal damages, otherwise Rotax’ liability shall be excluded to the fullest possible extent under the applicable law. Rotax shall not be liable to businesses for indirect or consequential damages (such as but not limited to loss of profits), mere pecuniary losses or damages resulting from third party claims.

Neither Rotax nor its affiliated companies or distributors shall be liable for damages resulting from the use of the Rotax Connect App or its content made accessible through the Rotax Connect App. The same applies to damages resulting from errors, problems, viruses or loss of data.

In case of any downloads as a consequence of using the Rotax Connect App, the User is solely responsible for any damages caused by such materials to his smart phone system or for any information that is lost.

The User acknowledges and accepts that Rotax, its affiliated companies or distributors will not under any circumstances be liable for acts and omissions of other users of the Rotax Connect App including the damages associated with such acts or omissions.

9. Indemnification by Users

The User shall indemnify and hold harmless Rotax, its affiliates and distributors (“Indemnified Party”) against any and all claims, raised by third parties as a result of an infringement of their rights by the User in connection with use of the Rotax Connect App or infringement of this Terms and to the fullest extent permitted by the applicable law shall bear all costs of any legal proceedings in which the Indemnified Party may be involved in connection with such claims (also including reasonable attorney’s fees). In case of such a claim the User shall provide any support and all information required which is necessary to verify such claim and defend against it.

10. Miscellaneous

Rotax reserves the right to amend these Terms from time to time and the then current version of these Terms will be available for viewing on the Rotax Connect App subject to reasonable prior notice by Rotax to the Users. In the event the User does not consent to the changed Terms before the expiry of the notice period by clicking the accept button as requested before the log in to the Rotax Connect App the User will not be able to further use the Rotax Connect App.

Should any provisions of these Terms become invalid or unenforceable, the rest of the Terms shall not be effected. A valid and enforceable provision that meets the envisaged purpose to the greatest extent possible shall replace the invalid and unenforceable provision in such a case. The same applies to the event of gaps in the regulations.

There are no other additional supplements. Additional supplements must be agreed upon in writing.

This Terms and all contractual relations and litigation between the User and Rotax shall be governed by the Austrian laws with the exception of the referring statutes of international private law and the UN Sales Convention. The place of jurisdiction shall be Linz, Upper Austria.

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