Effective Date: 01-01-2023
These Terms of Service ("Terms") govern your access to and use of the Fueled platform ("Platform"), including all services provided through the Platform ("Services"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
Fueled is a suite of software products designed to assist racecar clubs, classes, tracks, and venues with registration, licensing, event nominations, and related services. These Terms apply to all Users, whether you are a club, class, track, venue, or individual registrant.
For clarity, the following terms have specific meanings in these Terms:
Fueled provides the following core Services to Clubs, Classes, and Tracks/Venues:
While Fueled offers these Services, Clubs, Classes, and Tracks/Venues remain responsible for managing their events, registrations, nominations, and providing direct support to their Registrants. Fueled reserves the right to modify or expand the Services at its discretion, with updates reflected on the Platform.
Disclaimer on Automated Payment Transfers: Fueled is not responsible for the accuracy of payment splits or configurations defined by Users. Users are solely responsible for ensuring the correctness of these settings.
To access certain features of the Platform, Users must create an account by providing accurate, current, and complete information. You are responsible for:
Fueled may refuse to grant accounts or terminate them at its discretion, particularly for inaccurate information, abuse, unlawful activity, or violations of these Terms.
Fueled charges a transaction fee on all payments processed through the Platform for Clubs, Classes, and Tracks/Venues, as agreed upon with each Class. This fee includes payment processing costs and applies to every transaction, regardless of the payment provider used. The specific transaction fee for each Class is determined and agreed upon separately, reflecting that not all Classes are on the same commercial deal.
Users may choose one of the following methods for applying the fee:
Users are responsible for selecting the fee application method and ensuring the accuracy of any payment splits. Fueled bears no responsibility for incorrect configurations.
Clubs, Classes, and Tracks/Venues are required to pay an annual licensing fee to use the Platform. The fee varies per Class and is payable in advance. Non-payment may result in suspension or termination of access to the Platform.
Fueled uses third-party payment providers (e.g., Stripe Connect) to process payments. Fueled reserves the right to change payment providers at its discretion without notice. By using the Platform, you agree to be bound by the terms of the payment provider in use at the time.
Payments from Registrants are collected by Fueled via the Platform. Fueled deducts the applicable transaction fee and transfers the remaining amount to the Connected Account of the relevant Club, Class, or Track/Venue.
Fueled initially bears the risk for refunds and may, at its discretion, process refunds to Registrants. The refunded amount, including the applicable transaction fee, will be deducted from the Connected Account’s balance. Clubs, Classes, and Tracks/Venues are responsible for ensuring sufficient funds are available to cover refunds.
In the event of a chargeback or payment dispute, Fueled will cooperate with the payment provider to resolve the issue. Clubs, Classes, and Tracks/Venues are liable for all costs associated with chargebacks or disputes, including chargeback fees, and agree to reimburse Fueled for any expenses incurred.
Event Cancellations: If an event is canceled and refunds are issued, Fueled retains its applicable transaction fee.
Fueled may, at its sole discretion, absorb costs related to system errors on a case-by-case basis. However, Fueled is not liable for widespread system errors, as Users are provided with User Acceptance Testing (UAT) environments to verify configurations and updates prior to going live.
All Users must:
Clubs, Classes, and Tracks/Venues must:
Registrants must:
Fueled provides the following support services to Users:
While Fueled provides these support services, Clubs, Classes, and Tracks/Venues are responsible for managing their events and providing direct support to their Registrants.
Fueled owns all intellectual property rights in the Platform and Services, including software, trademarks, and content (excluding user-generated content).
Clubs, Classes, Tracks/Venues, and Registrants retain ownership of the data they provide (e.g., event details, registration information). By submitting such data, you grant Fueled a non-exclusive, worldwide, royalty-free license to use, copy, and process it solely for the purpose of providing and improving the Services. Fueled will not use sensitive data (e.g., medical information) for any purpose beyond what is necessary to provide the Services.
Fueled is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please review our Privacy Policy (available at [insert link]) for details on how we collect, use, store, and disclose personal information. By using the Platform, you consent to these practices.
Users may request the deletion of their personal data by contacting support@distinct.au. Fueled will process such requests in compliance with applicable laws, and certain data (e.g., historical payment records) may be de-identified rather than deleted.
To the maximum extent permitted by law, Fueled’s liability for any claim arising from the Platform or these Terms is limited to the amount paid by the User for the Services in the 12 months preceding the claim. Fueled is not liable for indirect, consequential, or incidental damages (e.g., loss of profits or data).
The Platform and Services are provided "as is." Fueled disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, to the extent permitted by law. Fueled does not guarantee uninterrupted or error-free operation of the Platform and is not responsible for the conduct of Clubs, Classes, Tracks/Venues, or Registrants.
Nothing in these Terms excludes or limits rights or remedies you may have under the Australian Consumer Law (ACL). If the ACL applies, Fueled’s liability is limited (at its option) to resupplying the Services or paying the cost of resupplying them.
You agree to indemnify, defend, and hold harmless Fueled, its affiliates, officers, and employees from any claims, damages, losses, or expenses (including legal fees) arising from:
You may terminate your account at any time by contacting Fueled at support@distinct.au.
Fueled may suspend or terminate your account or access to the Platform at its discretion, including for:
Upon termination, you remain liable for any outstanding payments or obligations. Fueled may retain data as required by law or for operational purposes, subject to our Privacy Policy. Users have 14 days to retrieve their data before it is deleted or de-identified.
Any disputes arising from these Terms will first be attempted to be resolved through good-faith negotiation or mediation. If unresolved, the parties may agree to binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA). If arbitration is not agreed upon, the dispute will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Fueled is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, changes in law, or technical failures.
Fueled may amend these Terms at any time without notice. Amendments are automatically accepted unless written notice is provided to support@distinct.au within 14 days of the changes.
These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia.
For questions or support, contact Fueled at support@distinct.au or 1300 816 696.
Tell us about your business and we’ll get you in touch with you right away!