EFFECTIVE DATE: 07/05/2020

LAST UPDATED: 07/05/2020

These Terms of Use apply to your access to and use of the Website.  We also have a Privacy Policy and may have other terms, legal notices and conditions applicable to various activities on the Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of the Website (e.g. contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms of Use be a contractual agreement (“the Terms”) between SuperQuad Racing® (a brand owned by Soudaweld BVBA) ("us", "we", "our" and any similar expression thereto) and you. Soudaweld BVBA is a company organized and existing under the laws of Belgium, with office at Patijntjestraat 83, 9000 Gent, BELGIUM, registered at the Commercial Registry under number BE 0719.246.486 (“SOUDAWELD”).

1. ACCEPTANCE OF THE TERMS OF USE AND OTHER TERMS

These Terms of Use apply to your access to and use of the Website.  We also have a Privacy Policy and may have other terms, legal notices and conditions applicable to various activities on the Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of the Website (e.g. contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms of Use be a contractual agreement (“the Terms”) between SuperQuad Racing® (a brand owned by Soudaweld BVBA) ("us", "we", "our" and any similar expression thereto) and you.

You must accept the Terms, in full, before using this Website. You can accept the Terms in two ways: 

• by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you, and
• by actually using the Website. 

BY VISITING OR BY ANY OTHER USE OF THE WEBSITE, YOU AGREE TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS IN FULL. 

Except as otherwise provided, the Terms are subject to change at any time in which event You will be informed of the change in advance and Your continued use of the Website after any change(s) have been implemented constitutes acceptance by you of such change(s).

If You experience any difficulty in understanding these Terms of Use or any other part of the Terms, or if you do not agree with the contents thereof, we request that you discontinue using this Website.

2. PRIVACY POLICY

SuperQuad Racing®’s Privacy Policy applies to the use of the Website, and its terms are made a part of the Terms by this reference. To view SuperQuad Racing®’s Privacy Policy, please go to the Privacy Policy on our Website footer. We take security very seriously, so your personal details will be protected. We use the industry-standard encryption protocol known as Secure Socket Layer (SSL) and other reasonable measures to protect your information from unauthorised use or disclosure. All confidential data, like payment information, is encrypted and transmitted through a secure channel using SSL encryption.

3. COUNTRY OF RESIDENCE

You are free to visit and order on our Website. However, due to our logistic processes, please note that by using this Website we can only deliver products within the countries specified in the Shipping Policy.

4. OWNERSHIP OF WEBSITES, CONTENT AND TRADEMARKS

This Website is owned and controlled by SuperQuad Racing®, a brand organised under Soudaweld BVBA a company registered in Belgium (“SuperQuad Racing”).  Unless otherwise agreed in writing, all materials on the Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by Soudaweld BVBA, a company registered in Belgium, Europe (“Soudaweld BVBA”).

The Website and Content are intended solely for personal, non-commercial use.  You may download or copy the Content and other downloadable materials displayed on the Website for your personal use only.  No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Website for any public or commercial purpose.

Certain trademarks, trade names, service marks, registered trademarks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Soudaweld BVBA. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel or otherwise, any licence or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.

We reserve all rights to act, including taking any form of legal action, against any infringement on the foregoing or any other part of the Terms of Use by any party whatsoever.

5. YOUR USE OF THE WEBSITE

To access, visit or make any other use of the Website, you must be at least 18 years old. Moreover, to register and order online, you declare to be 18 years of age or older and you must lawfully possess a means which allows electronic payment such as PayPal, Visa, MasterCard or American Express credit/debit card. In addition, you are responsible for ensuring the correctness and completeness of all information you provide us with at any time.

You may use the Website only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions.

You agree not to use any “deep-link”, “robot” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website.  We reserve the right to take measures to prevent any such activity.

You agree not to gain or attempt to gain unauthorised access to any portion or feature of the Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.

You agree not to probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to any Website. You agree to not reverse look-up, trace or seek to trace any information on any other visitor to the Website, or any other customer of SuperQuad Racing®, including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal data as defined under European data protection legislation (hereinafter referred to as "personal data") or other information that reasonably could be used to connect non-personal data to personal data.

You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.

You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Website or any transaction occurring on the Website, or with any other person’s use of the Website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through any Website or any service offered on or through any Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

 

6. DISCLAIMERS

You assume all responsibility and risk with respect to your use of the site.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.

The site, and all content, products, and other information on or accessible from or through this site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, we do not warrant that:

• the information on this site is correct, accurate or reliable;
• the functions contained on this site will be uninterrupted or error-free; or
• defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.

We make no warranties of any kind regarding any non-SuperQuad Racing® sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-SuperQuad Racing® sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.

7. USER COMMUNICATIONS AND USER CONTENT

While we appreciate your suggestions and comments on how to improve our Website, products and services, it is SuperQuad Racing®’s policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g. through a contest or promotional event).  Our intent is to avoid any misunderstanding if a creative endeavour we commence bears some resemblance to a creative suggestion made by a customer or visitor to our Website.  Thus, apart from personal data collected on or from our Website, which is subject to SuperQuad Racing®’s Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Website (a “User Communication”) is and will be considered non-confidential and non-proprietary and you agree to waive your right to be identified as the author of the User Communication.

You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that SuperQuad Racing®’s shall be under no obligation

• to maintain any User Communication in confidence;
• to pay compensation for any User Communication; or
• to monitor, use, return, review or respond to any User Communication.

We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable (for example, see Section 8 below). Without prejudice to any other provision of these Terms of Use, you may not use User Communications for purposes of political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false email address to post a User Communication or impersonate any person or entity, or otherwise act in a misleading way.

You represent and warrant that any Content you submit in User Communication is original to you, that you own all applicable legal rights in the Content, and that the Content does not and will not infringe upon the rights of any other person or entity.  You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective country of residence, subject to the next paragraph; and you grant the right to SuperQuad Racing®, the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective countries of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms. 

In addition to the User-Generated Content Rules set forth in Section 8, below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

8. USER-GENERATED CONTENT RULES

It is our policy to terminate use privileges of any user who infringes the copyright rights or any other rights of others upon receipt of proper notification to us by the person whose rights have been infringed, the copyright owner or the copyright owner’s legal agent. As such, we also reserve the right (but are not under the obligation) to remove or edit any materials posted by a Website user. Because we host many comments, it is not possible for us to read and review each material submitted by Website visitors and/or users. However, if you are of the opinion that any material posted on the Website is in violation of any of the above rules and restrictions, please contact us by emailing: sqr@soudaweld.com so that we can assess whether or not action is required.

If you post information on the Website, you are solely responsible for the content that you post or transmit to the Website and/or to other users and agree that you will not hold SuperQuad Racing® responsible or liable for any User Communication from another user that you access on the Website.  Moreover, SuperQuad Racing® reserves the right to delete any User Communication from any of the Website.

Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit on the Website and/or to other users anything that you know or reasonably believe:

• is defamatory, abusive, obscene, profane or offensive; or
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website), including any party’s right of publicity or right of privacy; or
• violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
• is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
• promotes or encourages violence against a person or damage or destruction of property; or
• is inaccurate, false or misleading in any way; or
• is illegal or promotes any illegal activities; or
• promotes illegal or unauthorised copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail”, “spam”, “chain letters", “pyramid schemes” or any other form of solicitation;
• infringes our brands or any other of our financial, commercial, reputational or other interests.

You understand that when using the Website, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Communications.

You agree not to use any “deep-link”, “robot” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website.  We reserve the right to take measures to prevent any such activity.  You may not resell use of or access to the Website to any third party.

9. ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Website may require you to open an account (including setting up an Account ID (email) and password) and to share personal data. See our Privacy Policy (see Section 2, above) for information regarding our protection of personal data.

You should take all necessary steps to ensure that your password is kept confidential and secure since you will be responsible for all transactions that occur or are submitted under your password.  Please inform us immediately if you have any reason to believe that your password has become known to any unauthorised person, or if the password is being, or is likely to be used in unauthorised manner. If we are of the opinion that there is possibility that there is a breach of security or misuse of the Website, we are entitled to ask you to change your password or may suspend your account. We are not liable to anyone for any loss or damage stemming from any failure from you to protect your password and/or account.

You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. SuperQuad Racing® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

10. PRODUCTS AND SALES

Product Descriptions

In describing and portraying our products on the Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of the Website is accurate, complete, reliable, current or error free. We reserve the right to correct any typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.

Colours and Finishes

We have made every effort to display as accurately as possible the colours, textures and finishes of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate, complete, reliable or error free. Colours, textures and finishes will be indicative and do not have a binding/contractual value.

Shipping

When you place an order on our Website, we will ship your order to the address designated by you as long as that shipping address is within the list of countries we currently ship to and compliant with the shipping restrictions set out on the Website. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service (e.g. to avoid acceptance of false orders) and/or to refuse service to any customer (e.g. in cases where the verification of payment details fails).

11. LINKS TO THE WEBSITE; THIRD-PARTY LINKS ON THE WEBSITE

Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, statutes, rules and regulations.

From time to time, the Website may contain links to other websites that are not owned, operated or controlled by SuperQuad Racing®, or our trusted business partners. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by SuperQuad Racing®.

12. CHANGE IN WEBSITES AND CONTENTS 

We reserve the right, at any time in our sole discretion, to:  modify, suspend or discontinue any (part of our) Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of any Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Website.

13. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

SuperQuad Racing® makes reasonable efforts to ensure that the information offered on our Website is accurate, complete, correct and up to date. Despite these efforts, errors may still occur. If the information provided contains errors or if certain information is not available, then SuperQuad Racing® will endeavour to make corrections as quickly as possible. Should You find errors in the information You find on our Website, You can always contact Us by using the Contact Form.

We also endeavour to protect our Website by all reasonable means and to limit any inconveniences caused by technical faults insofar as possible. However, we cannot exclude the possibility that incorrect technical actions or unauthorised intervention may occur. Furthermore, our Website will require maintenance from time to time. For these reasons, we cannot guarantee that access to our Website will not be interrupted or impeded in some manner from time to time.

We will make all reasonable efforts to protect our Website against computer viruses and other “malware”. Taking into account the nature of these dangers, You however acknowledge that We cannot offer absolute protection and You will take the necessary measures to protect Your computer systems.

To the maximum extent permitted by law, SuperQuad Racing® is not liable under any circumstances for indirect damage or consequential damage (such as, but not limited to, loss of time, emotional damage, loss of opportunity, loss of data, loss of profit, etc.) directly or indirectly related to the use of our Website, including without limitation registration on our Website, purchase and/or return of items, posting of comments, etc. SuperQuad Racing®’s contractual and extra-contractual liability for direct damage in connection with the use of our Website is furthermore limited to 25 EUR. Nothing in these Terms of Use shall, however, exclude SuperQuad Racing®’s liability for wilful intent, fraud or (vis-à-vis consumers) death, bodily injury or gross negligence.

SuperQuad Racing® provides the content of this Website "in the current state" ("as is") and without warranties of any kind, either express or implied, being given. The use of our Website and the information contained thereon, occurs exclusively at Your own risk. To the fullest extent permissible pursuant to applicable law, SuperQuad Racing® disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

14. GOVERNING LAW; SEVERABILITY; WAIVER; SURVIVAL; DISPUTE RESOLUTION

We control and operate the site from Belgium. We make no representation that materials on the site are appropriate or available for use outside Belgium. If you choose to access this site from outside Belgium, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

It is your responsibility to ascertain and obey all applicable local, international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our Website.

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

Any failure by us/you to partially or fully exercise any rights or the waiver of any breach of the Terms by you/us, shall not prevent a subsequent exercise of such right by us/you or be deemed a waiver by us/you of any subsequent breach by you/us of the same or any other term of the Terms. Our/Your rights and remedies under the Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our/your right to exercise any other right or remedy.

The provisions relating to copyrights, trademark, limitation of liability, disclaimer and law and jurisdiction, shall survive any termination.

SuperQuad Racing® prizes customer relationship and customer satisfaction very much. As a result, We do not want to limit Your legal possibilities in any way when You feel Your rights might have been violated.

We would prefer that in such a case, You would contact us via the Contact Us page first to see if we can sort things out. If not, You may opt for an out-of-court dispute settlement resolution.

However, in no way SuperQuad Racing® will prevent You of bringing a dispute before a competent state court. In such event, the Courts of Brussels, Belgium, shall have exclusive jurisdiction over any dispute relating thereto, without prejudice to Us making choice, to the extent permitted under applicable law, of any other court having jurisdiction on such a dispute under any applicable law.

Your access to, visit and use of the Website and any transaction that results therefrom and the Terms (including the present Terms of Use) are governed by and shall be interpreted in accordance with Belgian law, with the exclusion of conflict of law rules.

15. ADDITIONAL ASSISTANCE

If you have any questions or concerns about the Terms, please use our Website Contact Us page which will provide an email form.  

Please be assured that any personal data that you provide in communications to the above email, telephone number and postal address will not be used to send you promotional materials.