Terms & Conditions
TERMS AND CONDITIONS
Welcome to Motor Racing Australia
Motor Racing Australia Pty Ltd
Who we are
1.1 Motor Racing Australia is a Motor sport events promoter.
1.2 Motor Racing Australia website is owned, operated and maintained by Motor Racing Australia Pty Ltd ACN 134 304 822 (“Motor Racing Australia”) of St Clair, NSW, 2759, Australia. (ph) 1300 88 52 74 (email) email@example.com
About the Agreement
2.1 to make this Agreement easier to read, we have defined certain words and phrases and capitalised them throughout this Agreement. Definitions of those words can be found at the end of these terms and conditions.
2.2 Use of some parts or features of the website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
2.3 We may amend this Agreement at any time without notice. Any amendments to this Agreement will be effective as soon as they are posted to the website. By using this website you agree to be bound by any changes to this Agreement.
How you enter
3.1 By clicking on the “Enter now” you are agreeing to the following:
(a) You are accepting an offer to enter an event for the price advertised at the time of your entry is submitted to Motor Racing Australia.
(b) You have the intention of being legally bound.
(c) You are over the age of 18 years or have the permission of an adult to do so.
(d) You have read and understood the terms and conditions of this Agreement.
(f) You authorise us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the purchase of products.
3.2 Once your order is placed you will receive an email from us setting out your order.
4.1 Prices are as follows:
(a) Prices for products or events sold exclusively within Australia are advertised in Australian dollars and are GST inclusive but have a delivery cost added to the final price. The delivery cost will be calculated at the end of your order and will be dependent on your location.
4.2 Payment is to be made in Australian dollars.
4.3 Offers on the Motor Racing Australia form part of these terms and conditions.
4.4 Motor Racing Australia will not be held liable for any loss due to you entering incorrect details on the form including but not limited to an incorrect address provided by you. In the event that you change your address between the time you purchase or entry you must notify Motor Racing Australia in writing of your change of address. You can Motor Racing Australia for more details on 1300 88 52 74.
5.1 No refunds will be issued within 7 days of the event, otherwise a full refund will be provided.
6.1 Once payment has been received, you will be entered into the event. No physical delivery of tickets is required as all entries are electronically stored.
6.2 All entrants & drivers will receive a confirmation email once the entry has been received.
Protecting Your Privacy
Use of the Website
8.1 You may not use the website in any manner or for any purpose that is unlawful, that violates any right of Motor Racing Australia or any other person, or that is prohibited by this Agreement. In particular, but without limitation, it is a condition of your use of and/or access to the website that you do NOT do any of the following:
(1) use the website for commercial purposes unless you are making a purchase from our website or an entry to an event;
(2) use any mechanism, software or other scripts in relation to the website which could disrupt or interfere with the website or any servers, software, hardware or equipment connected to or via the website, including any robot exclusion headers;
(3) restrict or inhibit any other User from using or enjoying the website;
(4) distribute or transmit any Content of any kind which contains a virus or other harmful component;
(5) distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Users;
(6) use the website for the purpose of advertising or promoting political parties or extremist organisations;
(7) violate any Applicable Law relating to your use of the website; or
(8) use the website in any manner which we, in our sole opinion, consider inappropriate or inconsistent with the intended purpose of the website.
8.2 In order to protect other Users and Motor Racing Australia from inappropriate use of the website, you warrant, without limitation, that Your Information:
(1) is information provided for purchases from our Motor Racing Australia store;
(2) is not false, inaccurate, misleading or fraudulent;
(3) does not involve commercial activities or sales, including advertising or pyramid schemes;
(4) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy;
(5) does not violate any Applicable Law; and
(6) will not create liability for Motor Racing Australia or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
9.2 You must promptly inform us if you become aware that any of Your Information breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.
9.3 In order to protect your security, we encourage you not to include any personal information that makes you readily identifiable to other Users. In addition, you should never share information such as your telephone number, home address or credit information with other Users.
10.1 We do not check, and do not take responsibility for:
(1) the veracity, accuracy or completeness of information provided by you on or in connection with the website (including the identity, age or place of residence); or
(2) Content on this website which we source from Third Party Websites.
11.1 you acknowledge that the Content in this website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights.
11.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of Motor Racing Australia, do any of the following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store Content;
(2) incorporate Content into any other website or use Content for any commercial purpose;
(3) store Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
(4) use Content in any manner or for any purpose which is unlawful, which violates any right of Motor Racing Australia or which is prohibited by this Agreement.
11.3 Subject to clause 11.2, you must ensure that all copies of material from the website retain any copyright or other intellectual property notices contained in the original material.
11.4 Some of the copyright in the Content is included on the website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this website) must be obtained from the copyright owner. It is your responsibility to obtain such authorisation.
11.5 All names, logos and trademarks (both registered and unregistered) are the property of Motor Racing Australia, or the third parties who have contributed to this website. Nothing contained on this website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the website without the prior express written permission of Motor Racing Australia or the third party contributor.
Indemnity and Limitation of liability
12.1 You indemnify Motor Racing Australia, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this website. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use this website;
(2) reliance on any Content;
(3) the transmission of any computer virus;
(4) Motor Racing Australia’s negligence;
(5) a breach of your computer’s security;
(6) any unauthorised access to, modification or alteration of Content;
(7) any material or data sent or received or not sent or received;
(8) any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(10) any Content sent by any third party using and/or included in this website; and
(11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
12.2 In relation to Non Excludable Rights, any liability incurred by Motor Racing Australia in relation to the use of this website or the Content are limited as provided under the Competition and Consumer Act 2012 (Cth). Liability which cannot be excluded is limited to the extent possible:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or repaired;
(4) A refund.
13.1 the website and the Content are provided on an “as is” basis. Motor Racing Australia make no representations or warranties regarding the accuracy, reliability or completeness of the Content of the website.
13.2 From time to time Motor Racing Australia may change the website to add or remove features or services, without liability to Users.
13.3 To the fullest extent permitted by law, Motor Racing Australia disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to your use of the website, or access to or non-access to the website. In addition, Motor Racing Australia does not warrant that the website or the server that makes it available, or email sent from Motor Racing Australia are free of viruses or other harmful components.
14.1 the website contains links to Third Party Websites that are not owned, operated or maintained by Motor Racing Australia. Motor Racing Australia have no control over the content or policies of such Third Party Websites and accept no responsibility for any Loss arising from your use of a Third Party Website.
14.2 Links to Third Party Websites are for your convenience only and do not constitute endorsement or recommendation by Motor Racing Australia of any material found at those sites.
15.1 during your use of the website, we may issue to and request from your computer blocks of data known as “cookies”. By using this website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the website.
16.1 if any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
16.2 If you breach any provision of this Agreement and have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by Motor Racing Australia.
Governing law and jurisdiction
17.1 all matters relating to this website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
17.2 Motor Racing Australia has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if considers (in its discretion) that the action is necessary or desirable.
Using the Website from outside Australia
18.1 if you access the website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the website.
18.2 If you do use the website despite infringing clause 18.1, you agree to indemnify for any Loss which may be incurred as a consequence.
19.1 In this Agreement:
(1) Agreement means the terms, conditions, notices, disclaimers and offers to purchase contained in this document and elsewhere on the website;
(2) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country);
(3) Content means any information including files, text, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, service documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, on this website, obtained or able to be viewed by accessing any part of this website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
(4) Motor Racing Australia means Motor Racing Australia Pty Ltd ACN 134 304 822 its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001;
(5) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the website;
(6) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;
(7) Non Excludable Rights means the rights and remedies conferred by the Competition and Consumer Act 2012 (Cth) in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the use of this website or your use of or access to the website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Non Excludable Rights;
(8) Third Party Websites means sites and resources located on servers maintained by others over whom Motor Racing Australia has no control;
(9) User means any person who visits, browses or utilises the website;
(10) Your Information means any information you provide to us in the process of purchasing products from Motor Racing Australia.