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Terms Of Service
1.1 This Internet web site ('Site') is owned and operated by International Motorcycle Co. Pty Limited, ABN 40 112 199 578 ('IMC'). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:
2.1 The Privacy Policy and Security Statement form part of the Terms and Conditions.
3.1 The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of IMC or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
4.1 The mark,
, indicated on the Site, is a registered trade mark (pending) of IMC in Australia and other countries. The mark may not be used, in any way, without the prior written permission of IMC.
5.1 IMC grants You a limited, non-exclusive, revocable license to: access, use, and download the Works contained in the Site solely for non-commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
5.2 Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of IMC), is strictly prohibited.
5.3 Any conduct with respect to the Works that is authorised by Clause 5.1, must include the IMC copyright notice "© 2009 International Motorcycle Co. Pty Ltd. All Rights Reserved" and any other credits, trade marks or other legal notices applicable to the Works.
6.1 IMC does not target as customers, or solicit data from, persons under the age of eighteen (18) years ('Children' or 'Child'). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
7.1 IMC may invite ('Invitation') You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site (particularly to the 'Contributors Gallery' and 'IMC Model Competition' sections of the Site).
7.2 Upon the Invitation of IMC, You may submit Material to the Site, provided that such Material:
7.3 IMC shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. IMC nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
7.4 In consideration for IMC granting You an opportunity to submit Material to the Site, You hereby agree that:
8.1 At the 'shop' section of the Site ('Shop'), IMC: advertises certain products for sale ('Product' or 'Products'); and lists the price for each Product ('Purchase Price').
8.2 You can make an offer ('Offer') to purchase a Product or Products from IMC at the relevant Purchase Price, by:
8.4 Payment will be processed by NAB Card Services simultaneous to Acceptance. Payment must be made by credit card (Bankcard, MasterCard and Visa).
8.5 An agreement ('Agreement') exists between You and IMC, for you to purchase from IMC the Product or Products with respect to which you have made an Offer, upon Acceptance.
8.6 The entire Agreement consists of:
8.8 If IMC owes money to You under one Agreement, IMC may set-off that money against any money that it owes You under another Agreement.
8.9 IMC will deliver the Product or Products to You:
8.11 Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
8.12 If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, IMC will exchange ('Exchange') or issue a refund ('Refund') to You for the Product or Products, provided:
8.13 You return the Product or Products in new condition with the tags attached, and with all information IMC will need in order to correctly Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
to the address described in Clause 16;
within either:
sixty (60) days from the date the Agreement is made, if the Delivery Address is outside Australia; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside Australia
8.14 The Shipping Price is not refundable.
8.15 There will be no Shipping Price for any initial Exchange with respect to an Agreement.
8.16 A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
8.17.1 engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from IMC pursuant to an Agreement; or
8.17.2 represent Yourself as IMC or as an agent or sub-contractor of IMC; or
8.17.3 make any unauthorised use of any trade mark and/or copyrights owned by IMC or by any other means.
9.1 IMC reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
9.2 IMC is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. IMC intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
9.3 The liability of IMC for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by IMC in its sole discretion:
9.5 If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of IMC to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from IMC, pursuant to an Agreement, through the Site.
10.1 You agree to indemnify IMC and hold IMC indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
11.1 IMC makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that IMC endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
12.1 You consent to receiving communications from IMC electronically, including electronic mail or notices posted on the Site. You acknowledge that all agreements, notices, disclosures and other communications that IMC provides to You and that You provide to IMC electronically, satisfy any legal requirement that such communications be in writing.
13.1 IMC may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):
14.1 The Terms and Conditions constitute:
14.3 No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
14.4 If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
14.5 Your indemnity and assignment of all rights in any Material submitted to IMC and the Site will survive any change to, or termination of, the Terms and Conditions.
15.1 The Terms and Conditions shall be governed by, and construed according to, the laws of Western Australia, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Western Australia and, by using the Site, You hereby submit to that jurisdiction.
International Motorcycle Co. Pty Ltd
354 South Street
O'Connor WA 6163
Australia
http://www.intmc.com.au
info@intmc.com.au
1. Introduction
1.1 This Internet web site ('Site') is owned and operated by International Motorcycle Co. Pty Limited, ABN 40 112 199 578 ('IMC'). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:
- access and use the Site, including any pages or information linked to it that are owned and operated by IMC; and
- purchase a Product or Products from IMC through the Site.
2. Privacy
2.1 The Privacy Policy and Security Statement form part of the Terms and Conditions.
3. Copyright
3.1 The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of IMC or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
4. Trademarks
4.1 The mark,
, indicated on the Site, is a registered trade mark (pending) of IMC in Australia and other countries. The mark may not be used, in any way, without the prior written permission of IMC.
5. License
5.1 IMC grants You a limited, non-exclusive, revocable license to: access, use, and download the Works contained in the Site solely for non-commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
5.2 Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of IMC), is strictly prohibited.
5.3 Any conduct with respect to the Works that is authorised by Clause 5.1, must include the IMC copyright notice "© 2009 International Motorcycle Co. Pty Ltd. All Rights Reserved" and any other credits, trade marks or other legal notices applicable to the Works.
6. Use of the site by children
6.1 IMC does not target as customers, or solicit data from, persons under the age of eighteen (18) years ('Children' or 'Child'). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
7. Submission of material to the site
7.1 IMC may invite ('Invitation') You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site (particularly to the 'Contributors Gallery' and 'IMC Model Competition' sections of the Site).
7.2 Upon the Invitation of IMC, You may submit Material to the Site, provided that such Material:
- is accurate;
- is not defamatory, obscene, threatening, pornographic, or offensive;
- does not violate any applicable law, including communications that would give rise to criminal or civil liability;
- does not advocate any illegal activity;
- does not infringe the intellectual property rights of any third party;
- does not violate or infringe the rights of any person or entity, including a person's right of privacy; or
- does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.
7.3 IMC shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. IMC nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
7.4 In consideration for IMC granting You an opportunity to submit Material to the Site, You hereby agree that:
- such Material is non-confidential; and
- by submitting such Material, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorising the assignment of all rights, title and interest in all such Material to IMC, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
- any Material submitted to the Site is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
- any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to IMC, free from any claim by any person;
- You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by IMC in perpetuity, without any requirement for IMC to make any payment to You or such third parties, and can provide any written evidence of this to IMC on IMC's request;
- You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit IMC's rights to use the Material;
- as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person's name, likeness and life story in connection with any use of the Material and You hereby assign such rights to IMC;
- You will enter into any formal written documentation if required by IMC, to formalise Your assignment of all rights in the Material to IMC; and
- You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
7.5 You warrant and represent that:
8. Purchase of products
8.1 At the 'shop' section of the Site ('Shop'), IMC: advertises certain products for sale ('Product' or 'Products'); and lists the price for each Product ('Purchase Price').
8.2 You can make an offer ('Offer') to purchase a Product or Products from IMC at the relevant Purchase Price, by:
- accessing the Shop;
- selecting the Product or Products with respect to which you wish to make an Offer, and clicking the 'add to cart' button;
- inserting the 'quantity' of the Product or Products that you require, and clicking the 'checkout' button;
- selecting the 'Shipping Destination' that you require and clicking the 'next' button;
- selecting the 'Shipping Method' that you would prefer and clicking the 'next' button;
- completing the 'Customer Details' Form and clicking the 'next' button; and
- providing your 'Payment Details' at the National Australia Bank card services ('NAB Card Services) section of the Site and clicking the 'continue' button.
8.4 Payment will be processed by NAB Card Services simultaneous to Acceptance. Payment must be made by credit card (Bankcard, MasterCard and Visa).
8.5 An agreement ('Agreement') exists between You and IMC, for you to purchase from IMC the Product or Products with respect to which you have made an Offer, upon Acceptance.
8.6 The entire Agreement consists of:
- the Offer;
- the Acceptance; and
- the Terms and Conditions.
8.8 If IMC owes money to You under one Agreement, IMC may set-off that money against any money that it owes You under another Agreement.
8.9 IMC will deliver the Product or Products to You:
- at the address for delivery ('Delivery Address') provided by You in the Customer Details Form in the Offer;
- by way of the Shipping Method selected by You in the Offer;
- at the price ('Shipping Price') that corresponds with the Shipping Method selected by You in the Offer; and
- within a time that is, at the discretion of IMC, feasible.
8.11 Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
8.12 If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, IMC will exchange ('Exchange') or issue a refund ('Refund') to You for the Product or Products, provided:
8.13 You return the Product or Products in new condition with the tags attached, and with all information IMC will need in order to correctly Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
to the address described in Clause 16;
within either:
sixty (60) days from the date the Agreement is made, if the Delivery Address is outside Australia; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside Australia
8.14 The Shipping Price is not refundable.
8.15 There will be no Shipping Price for any initial Exchange with respect to an Agreement.
8.16 A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
- registered post, if the Delivery Address is inside Australia; or
- airmail, if the Delivery Address is outside Australia; or
- courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail), or
- Toll Transport, if the Product purchased is too large to send by any other means.
8.17.1 engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from IMC pursuant to an Agreement; or
8.17.2 represent Yourself as IMC or as an agent or sub-contractor of IMC; or
8.17.3 make any unauthorised use of any trade mark and/or copyrights owned by IMC or by any other means.
9. Disclaimer of warranties and limitation of liability
9.1 IMC reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
9.2 IMC is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. IMC intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
9.3 The liability of IMC for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by IMC in its sole discretion:
- in the case of a Product or Products:
- the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or
- the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and
- in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
9.5 If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of IMC to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from IMC, pursuant to an Agreement, through the Site.
10. Indemnity
10.1 You agree to indemnify IMC and hold IMC indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
11. Links to third party sites
11.1 IMC makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that IMC endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
12. Electronic communications
12.1 You consent to receiving communications from IMC electronically, including electronic mail or notices posted on the Site. You acknowledge that all agreements, notices, disclosures and other communications that IMC provides to You and that You provide to IMC electronically, satisfy any legal requirement that such communications be in writing.
13. Changes
13.1 IMC may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):
- by electronic mail; or
- by ordinary post to your address contained in the Customer Details; or
- by posting on the Site.
14. Severability
14.1 The Terms and Conditions constitute:
- the entire agreement between IMC and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
- part of an Agreement for You to purchase Goods from IMC through the Site, as provided for in Clause 8.6.
14.3 No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
14.4 If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
14.5 Your indemnity and assignment of all rights in any Material submitted to IMC and the Site will survive any change to, or termination of, the Terms and Conditions.
15. Applicable law
15.1 The Terms and Conditions shall be governed by, and construed according to, the laws of Western Australia, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Western Australia and, by using the Site, You hereby submit to that jurisdiction.
16. Address
International Motorcycle Co. Pty Ltd
354 South Street
O'Connor WA 6163
Australia
http://www.intmc.com.au
info@intmc.com.au