Terms of service
Overview
Welcome to Race Ready Sports! The terms “we”, “us” and “our” refer to Race Ready Sports Inc. Race Ready Sports operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with our products and related services (the “Services”). Race Ready Sports is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 – Access and Account
To use certain features of the Services, including placing an order, you may be asked to provide information such as your email address, billing, payment and shipping information. You represent and warrant that the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
Section 2 – Our Products
We make every effort to provide accurate descriptions, specifications, images and representations of our products and services. However, colours and product appearance may vary depending on your device, display settings and other factors.
Product specifications, features and availability may change as our products continue to develop. We reserve the right to update product information, discontinue products or limit quantities or availability where reasonably necessary.
Nothing in these Terms limits any rights or remedies available to you under applicable consumer protection law.
Section 3 – Orders
When you place an order, you are making an offer to purchase from Race Ready Sports. We reserve the right to accept, decline or cancel an order at our discretion.
Your order is not accepted until Race Ready Sports confirms acceptance. We must receive and process any payment required at that stage of the order before the applicable order or production commitment is confirmed.
Please review your order carefully before submitting it. If we decline or cancel an order, we will attempt to notify you using the contact information provided with your order. Where Race Ready Sports cancels an order after receiving payment, amounts paid for the cancelled order will be refunded.
Purchases are subject to our Return & Refund Policy.
Section 4 – Pre-orders
Certain products, including the Perg Model 1, may be available for pre-order before they are available for shipment.
For Perg Model 1 pre-orders, a 5% deposit is charged at checkout to secure your place in the production queue. This deposit is refundable until Race Ready Sports confirms your order for production. We will notify you by email when your order has been confirmed for production. Once that confirmation has been sent, the deposit becomes non-refundable.
Under our current pre-order process, the remaining 95% balance is charged at fulfilment. Orders must be paid in full before shipment.
Any production, availability or delivery dates provided for pre-orders are estimates and may be subject to change. We will communicate material changes to expected timelines where applicable.
Further information about cancellations, returns and refunds is available in our Return & Refund Policy.
Section 5 – Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown during checkout and/or in your order confirmation.
Unless otherwise stated, posted prices do not include applicable taxes or shipping charges.
We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the promotion terms will govern in relation to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to keep this information updated as necessary.
You represent and warrant that you are authorised to use any payment method submitted for a purchase and agree to pay all applicable charges associated with your order.
Section 6 – Shipping and Delivery
Products are currently available for delivery within Canada only.
Order processing times, estimated delivery windows, shipping charges and other fulfilment information are set out in our Shipping Policy and/or presented during checkout.
All delivery and pre-order timelines are estimates and may be affected by carrier schedules, production timelines and circumstances outside our reasonable control.
For information about delayed, lost or damaged shipments, please refer to our Shipping Policy and contact us so we can assist with the carrier where appropriate.
Nothing in this section limits any rights or remedies available to you under applicable law.
Section 7 – Intellectual Property and Software
The Services and their contents, including trademarks, branding, text, images, graphics, product designs, video, audio, software and other materials, are owned by or licensed to Race Ready Sports and are protected by applicable intellectual property laws.
Race Ready Sports names, logos, product names, designs and other brand assets may not be reproduced or used without our prior written permission except as permitted by law.
Where Race Ready Sports provides access to software, applications, digital features or other technology as part of the Services, you are granted a limited, non-exclusive, non-transferable and revocable right to use those services for their intended purpose, including for personal training or internal business and training purposes where applicable, subject to these Terms.
You may not, except where permitted by applicable law or expressly authorised by us, copy, modify, distribute, sublicense, sell, reverse engineer, decompile or otherwise attempt to derive the source code of Race Ready software or digital services, or use them in a manner that infringes our intellectual property rights or interferes with their operation.
Nothing in these Terms transfers ownership of Race Ready Sports intellectual property to you.
Section 8 – Optional Tools
You may be provided with access to tools offered by third parties as part of the Services that we do not control.
Such third-party tools may be subject to their own terms and policies. Your use of them is at your discretion, and you should review the applicable provider’s terms before using them.
We may also introduce new features, tools and resources through the Services in the future. Unless otherwise stated, those features form part of the Services and are subject to these Terms.
Section 9 – Third-Party Links
The Services may contain links to websites, applications or services provided by third parties. Race Ready Sports is not responsible for the content, accuracy, availability or practices of third-party websites or services.
If you choose to access or purchase products or services from a third party, your interaction with that third party is governed by its applicable terms and policies.
Section 10 – Relationship with Shopify
Race Ready Sports is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our store are made directly from Race Ready Sports.
Shopify provides the ecommerce infrastructure supporting our store but is not the seller of Race Ready Sports products.
Section 11 – Privacy
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify also processes certain personal information in connection with your access to and use of the Services. Please review our Privacy Policy for more information about how Race Ready Sports, Shopify and our service providers process personal information.
Section 12 – Feedback
If you submit reviews, suggestions, ideas, feedback or other content to Race Ready Sports (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, distribute and display that Feedback for purposes including operating, improving and promoting our Services.
You represent that you have the necessary rights to submit the Feedback and that it does not infringe the rights of another person or violate applicable law.
We may remove Feedback that we reasonably determine violates these Terms or applicable law.
Section 13 – Errors, Inaccuracies and Omissions
Occasionally, information within the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct errors or inaccuracies and update information. Where an error affects an order already submitted, we may contact you to correct or cancel the affected order. If we cancel an order for which payment has been received, the applicable amount will be refunded.
Section 14 – Prohibited Uses
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable law; infringe the intellectual property or other rights of Race Ready Sports or another person; transmit malicious code; obtain unauthorised access to our systems; collect personal information unlawfully; impersonate another person; interfere with the operation or security of the Services; or otherwise use the Services in a fraudulent, abusive or harmful manner.
You may not reproduce, extract, sell or commercially exploit the Services or their contents except where expressly authorised by Race Ready Sports or permitted by applicable law.
We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.
Section 15 – Agents
Where automated software or agents access or interact with the Services, they must do so transparently, lawfully and without circumventing technical or security measures designed to manage automated access.
We may use technical measures to limit or manage automated access to the Services.
Automated systems must not misrepresent themselves as human users, circumvent CAPTCHAs or other access controls, or otherwise attempt to evade measures designed to identify or manage automated activity.
Section 16 – Termination
We may suspend or terminate access to all or part of the Services where permitted by law, including where these Terms have been breached.
Termination does not affect rights or obligations that arose before termination. Provisions which by their nature should survive termination will continue to apply.
Section 17 – Disclaimer of Warranties
Except as expressly stated by Race Ready Sports or required by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that access to our website, applications or other digital Services will always be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes, restricts or modifies any warranty, condition, right or remedy that cannot lawfully be excluded or restricted.
Section 18 – Limitation of Liability
To the fullest extent permitted by applicable law, Race Ready Sports and its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of the Services or products purchased through them.
Any limitation or exclusion of liability contained in these Terms applies only to the extent permitted by applicable law and does not exclude rights or remedies that cannot legally be excluded.
Section 19 – Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold harmless Race Ready Sports and its affiliates, directors, officers, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law or infringement of another person’s rights.
Section 20 – Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary. The remaining provisions will continue in effect.
Section 21 – Waiver; Entire Agreement
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms and the policies incorporated by reference constitute the agreement between you and Race Ready Sports regarding your use of the Services, except where separate written terms apply.
Section 22 – Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
Race Ready Sports may transfer or assign its rights and obligations under these Terms where permitted by applicable law.
Section 23 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, subject to any mandatory consumer protection laws that apply to you.
Section 24 – Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
Section 25 – Changes to These Terms
You can review the most current version of these Terms at any time on this page.
We may update these Terms from time to time by posting a revised version to our website. Where required by applicable law, we will provide notice of material changes.
Section 26 – Contact Information
Questions about these Terms of Service can be sent to:
Race Ready Sports Inc.
18 King Street East, Suite 1400
Toronto, Ontario M5C 1C4
Canada
Email: marketing@racereadysports.com
Phone: 647-849-0178
Corporation number: 1706816-6
Business Number (BN): 754592764RC0001