AUSTRALIAN MOTORCYCLE ASSIST GROUP TERMS AND CONDITIONS
Website Owner, the offering, and binding of Terms
This website is owned and operated by Australian Motorcycle Assist Group (AMAG). These Terms set forth the terms & conditions under which you may use our website and services as offered by us. This website offers visitors the ability to purchase our services as a Motorcycle Breakdown Service or Merchandise from our on-line store. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Use of our Website
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of the majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key Commercial Terms offered to Customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to an item and you complete the check-out payment process.
The prices we charge for using our services /for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged at the time of purchase based on your payment method.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any feature of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties and Responsibility for Services & Products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us
Ownership of Intellectual Property, Copyrights & Logos
The service and all materialstherein or transferred thereby, including, without limitation, softward, images, text, graphics, logos, patents, trademerks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Australian Motorcycle Assist Group (AMAG). Except as explicitly provided herein, nothing in there Terms shall be deemed to create license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/sent the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the service without notice and liabilty for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be disconinuted only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold AMAG harmless from any demands, loss, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall AMAG, be liable for any indirect, puntive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, AMAG assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to Change or Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional Emails and Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please notify us at any time.
Preference of Law and Dispute Resolution
These Terms, the right and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Queensland, Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be bought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Brisbane, Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Member’s Club page/s
By accepting these Terms & Conditions you acknowledge that all users that join a community have a public profile that is visible to other community users and that their activity, such as but not limited to, posts and comments, will be visible to other members of AMAG’s Member’s Club.
As a member of AMAG’s Member’s Club, you have the right to exit the community at any time and upon doing so, your user’s profile will no longer be visible to other members and you will no longer be able to access the Member’s Club features, such as but not limited to discounts, liking, commenting, writing posts.
AMAG has the right to remove any comments, posts and/or blogs that may contain offensive, threatening, racial, religious remarks or any other remarks that AMAG deem to be unacceptable to the welfare of other AMAG Club Members.
These Terms and Conditions are effective from February 1, 2019