Terms of Service

  • Introduction

 

These Terms of Service (Terms) set out the conditions under which Motor Culture Australia Pty Ltd (ABN 34 643 349 357) (MCA, we, or us) provides you access to giveaways, your use of our website located at www.motorcultureaustralia.com (the Site), the Motor MCA Members platform made available through the Site (the Platform) and the information, content, features and services provided through the Site (the Service).

 

By using the Site, Platform, or Service, or joining our Membership Program, you agree to comply with and be bound by these Terms and our Privacy Policy as amended from time to time. If you do not agree to these Terms, you may not use the Site or the Service.

 

MCA may amend these Terms at any time by posting the amended Terms on the Site, and you agree that you will be bound by any changes to these Terms. MCA may make changes to the Site and/or the Service at any time. 

 

  • The Services

 

We offer members membership benefits, exclusive MCA Event access, access to the MCA Academy and discounts at leading brands across Australia (Benefits). Members get access to a members dashboard where they can manage all their payments depending on what package they have and update details as needed.

 

MCA reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. In addition, MCA may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

 

  1. Refunds, returns, and exchanges

 

Our Returns Policy, located at [insert URL] forms part of these Terms.


  • Account

 

To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). You may only create an Account if you are 18 or older.

 

As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to MCA for purposes of creating an account (Registration Information) will be true, accurate, current, and complete.  Failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You must:

 

  1. promptly update your Registration Information to keep it true, accurate, current, and complete; and 
  2. maintain the confidentiality of your password.

 

In creating an Account, you must not: 

 

  1. select or use the email address or username of another person with the intent to impersonate that person;
  2. use a name subject to the rights of any other person without authorisation; or
  3. use an email address or username that is profane, offensive, or otherwise inappropriate. 

 

You may not share or transfer any Account, or  disclose your password to anyone. You agree to immediately notify MCA by sending an email to info@motorcultureaustralia.com of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. MCA is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

 

  • Termination of Account

 

You understand and agree that you have no ownership rights in your Account and MCA may stop offering the Service at any time. Further, MCA may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these Terms or a suspected security breach.

 

MCA will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time by contacting info@motorcultureaustralia.com and cancellation will take effect once administration has processed. MCA reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.

 

Termination of your Account does not affect your obligation to pay any outstanding amounts to us.

 

  • Memberships 

 

Your purchase of a membership to our Platform supports the MCA brand, a selected charity and enters you to win giveaways and access all of our membership benefits. 

 

Our subscription memberships entitle a member to accumulated entries into every giveaway for the specified billing period. For questions regarding cancellation, membership benefits, current giveaways and accumulated entry numbers please contact info@motorcultureaustralia.com

 

  • Giveaways

 

Your participation in each giveaway will be subject to additional terms that are specific to that contest. We will notify you of these additional terms when you enter each giveaway.

 

  • One-Off Memberships

 

MCA offers multiple tiers of one-off memberships that grant customers timed access to the Platform and Benefits. At times there may be promotional offers which add bonus value (including additional entries) to membership packages and MCA will not be liable for any damages or loss resulting from these promotional offers. 

 

For details of the current one-off membership benefits see https://www.motorcultureaustralia.com/benefits/.

 

  • VIP Memberships

 

MCA offers an ongoing subscription to the Platform that is direct debited monthly until cancelled. This membership provides customers with unlimited time on the Platform and access to Benefits while their VIP membership is active. Upgrading/Downgrading of memberships comes into effect on the next billing cycle.

 

For details of the current VIP membership benefits see https://www.motorcultureaustralia.com/benefits/.

 

VIP members accumulate entry(s) for every month that they are debited. Entries are generated based on the current membership status of the customer. These entries accumulate and are valid for every promotion that MCA holds including trade promotions. 

 

Entries are sent via email and can be reviewed on the My Account dashboard on the Site. Please check your member dashboard prior to the promotion as entries are removed after each giveaway. If you have not received your entries, please contact info@motorcultureaustralia.com

 

We may amend the subscription fees at any time. If you have a current VIP membership, we will provide you with reasonable notice of the new fees through email, text or the Site. The new fees will apply from the beginning of the next subscription period. You will be considered to have accepted the new fees unless you cancel your VIP Membership before the end of the current subscription period.

 

  • Termination of VIP Membership

 

You may cancel your VIP membership by emailing info@motorcultureaustralia.com. 

 

Upon cancellation, we will remove all future payments and remove the bonus accumulated entries from all current & future promotional giveaways.

 

Terminating your VIP membership does not remove you from our mailing or text lists. You may remove yourself from these lists by following the associated links.

 

If you fail to pay for your subscription by the due date,  your  subscription will be cancelled. There are three automatic attempts made to bill your account. On the third and final attempt, if there are insufficient funds your subscription will be terminated and your VIP streak lost.

 

Once a subscription is cancelled our payment processor does not allow for the reactivation of that subscription, so all accumulated history for that subscription is lost. If you want to continue your subscription please follow the instructions in the notification emails provided, login to the member’s dashboard and update your banking details or email us at info@motorcultureaustralia.com.

 

Please note that the system only allows 4 attempts which is inclusive of the user manually attempting to charge the account.

 

  • Limitations and Changes to Benefits

 

Benefits may be of a limited nature (for example, where there are limited tickets available to an event). We may limit access to members on a first-come, first-serve basis, or any other basis that we choose in our sole discretion.

 

Benefits may also be limited to particular locations or areas. You are not entitled to a refund of any fees paid if you are unable to travel to an event.

 

We may add, remove, suspend or alter the Benefits at any time, at our sole discretion. While we will endeavour to replace any removed Benefits with similar offers, we cannot guarantee this. You are not entitled to any refund of fees already paid due to changes in the Benefits.

 

  • Use of Site and Service

 

You agree that you will not, in connection with your use of the Site, Platform or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to: 

 

  1. make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  2. institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or 
  3. attempt to gain unauthorised access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.

 

Furthermore, you may not use the Site, Platform or Services to develop, generate, transmit or store information that: 

 

  1. is defamatory, harmful, abusive, obscene or hateful; 
  2. in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site, Platform and/or the Service, 
  3. performs any unsolicited commercial communication not permitted by applicable law; 
  4. constitutes harassment or a violation of privacy or threatens other people or groups of people;
  5. is harmful to children in any manner; 
  6. violates any applicable law, regulation or ordinance; 
  7. makes any false, misleading or deceptive statement or representation regarding MCA and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

 

You agree that you will not 

  1. obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Platform data; 
  2. intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Platform, whether through the use of a network analyser, packet sniffer or other device; 
  3. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, the Site or Platform.

 

The Site and the Service are operated by Motor Culture in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.

 

  • Comments and User Content

 

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. 

 

You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: 

 

  1. to maintain any Comments in confidence; 
  2. to pay to you or any third party any compensation for any Comments; or 
  3. to respond to any Comments. 

 

You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. 

 

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) will be handled in accordance with our Privacy Policy, available at https://www.motorcultureaustralia.com/privacy-policy/. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new policy on the Site.

 

  • Third-Party Products, Services and Discounts from Our Partners

 

Third party services, products, discounts, content, and information (Third-Party Offers) may be made available by MCA on or through the Site and Platform. Third-Party Offers are provided solely for the benefit of our paid members and the inclusion of such products and services is not an endorsement of them. MCA makes no representations or warranties regarding any Third-Party Offers, including their accuracy, quality, standard, suitability for any purpose, completeness or safety.

 

MCA takes no responsibility, is not a party to, and assumes no liability for any Third-Party Offers. You agree to release and indemnify us against any claim, loss or damage that relates to you using goods or services from a third-party provider.

 

Third-Party Offers are subject to the applicable terms and policies of the third parties that offer them.

 

  • Hyperlinks

 

The Site may contain links to websites operated by other parties. MCA provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of MCA, and MCA is not responsible for the content available on the other sites. Such links do not imply MCA endorsement of information or material on any other site and MCA disclaims all liability with regard to your access to and use of such linked websites.

 

You may not place a link to the Site on another website without our prior written consent. You must adhere to MCA linking policy as follows: 

  1. the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MCA and/or its licensors’ names and trademarks;
  2. the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with MCA
  3. when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and 
  4. MCA reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

  •  Intellectual Property

 

The interfaces, content, arrangement and layout of the Site including, but not limited to, the MCA trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (MCA Intellectual Property) are the property of MCA, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of MCA.

 

You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any MCA Intellectual Property or third-party content located on the Site in any manner not expressly permitted under these Terms.

 

  • Maintenance and inaccessibility 

 

You acknowledge and agree that our Site, Platform and the Service are operated from servers owned and controlled by third parties. From time to time, access to the Site and Service may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access as soon as possible. However, we are not liable for any harm or damage you may suffer during an interruption.

 

From time to time, we may make the Site, Platform and/or the Service inaccessible as required for upgrades, maintenance and updates. We will use reasonable endeavours to provide you with advance notice of any such maintenance period, but you acknowledge that this is not always possible and we are not liable for any harm or damage you may suffer during an interruption.

 

  • Errors

 

There may be technical or administrative errors in the Site, Platform and Service, including errors with respect to description or functionality. We reserve the right at our absolute discretion to correct any errors or update the Site, Platform and Service.

 

We are not responsible for any errors in information provided by other members or third-party providers.


  • Duties & Taxes

 

You are solely responsible for paying any government charges, duties, or taxes of any kind incurred in or in connection with these Terms. 


  • Liability

 

If you are a consumer within the meaning of Australian law, you have certain rights and guarantees that cannot be excluded (Non-Excludable Conditions).  Subject to those Non-Excludable Conditions, and to the maximum extent permitted by law, we:

 

  1. exclude from these Terms all guarantees, conditions, and warranties that are not expressly stated;
  2. exclude all liability to you for any loss or damage you suffer directly or indirectly in connection with these Terms; and
  3. will not be liable to you for any loss of profit, pure economic loss, or any form of consequential or indirect loss.

 

If our liability under these Terms cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any Non-Excludable Condition is limited, at our option:

 

  1. in the case of goods, to the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
  2. in the case of services, to the supplying of the services again; or the payment of the cost of having the services supplied again.

 

You agree to release and indemnify us (and our employees and agents) against all liability in any way connected with:

 

  1. you breaching these Terms;
  2. any agreement between you and a third party supplier of goods or services;
  3. any damage to personal property, or personal injury or death arising directly or indirectly out of your conduct;
  4. libel, slander, defamation, product disparagement, or indecent, false, misleading or deceptive conduct by you;
  5. you infringing any of our intellectual property rights;
  6. us being required under privacy laws to correct any data, respond to any complaint, or address any other matter raised by a person;
  7. us relying on any incorrect, fraudulent or false information you provide to us; or
  8. any incorrect, fraudulent or false information provided by a third party to you.

 

We may make a claim under indemnities in these Terms in relation to a cost before having incurred the cost, or before making a payment in relation to the cost. The indemnities in these Terms shall be in addition to any damages for breach of contract to which we may be entitled. Nothing in the indemnities will be construed as preventing us from claiming damages in relation to the breach of these Terms by you. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.


  • Complaints and disputes

 

If you have a complaint about our Site, Platform or Service, you must submit your complaint in writing to us. We may or may not, at our sole discretion, investigate your complaint, depending on the nature of the complaint.

 

In accordance with this section, and to the fullest extent available under law, you agree not to bring any court or tribunal proceedings against us in respect of any complaint unless you comply with the requirements of this clause.