Terms and Conditions
Thank you for visiting our website. By continuing to browse and use this website, you are indicating your agreement to comply with and be bound by the following terms and conditions of use. These terms and conditions, along with our privacy policy, govern the relationship between you and us in relation to this website. If you do not agree with any part of these terms and conditions, please refrain from using our website. Your access and use of the MCS website are subject to the terms and conditions of use outlined here, as well as those outlined in the MCS Privacy Statement. By accessing and using the MCS website, you expressly agree to abide by the Terms and Conditions of Use as set forth here by MCS. This outline serves as a legally binding agreement between you, as the user of the website at any given time, and the owner of this website, Motorcycle Specialties (MCS).
1. CHANGES TO THE TERMS AND CONDITIONS OF USE
1.1. We may need to modify the Terms and Conditions of Use from time to time to reflect the evolving nature of our business at MCS. Any changes will be made to the Terms and Conditions of Use page on our website and will be notified to all users and customers accordingly. Once the changes have been made and uploaded, and the website's users have been informed, the modified Terms and Conditions of Use will become immediately effective.
1.2. Changes to the Terms and Conditions of Use will not affect any pre-existing agreements and terms established between MCS and specific customers regarding the use and acquisition of products and services facilitated by the MCS website.
2. USAGE RULES
2.1. The content provided by this website is intended for specific commercial use only.
2.2. Unless explicitly expressed or stated otherwise on this website, users may download the content available on this website onto their personal computer, but only to the extent required for easier viewing of the content. Users may also print hard copies of this website's content for personal reference purposes. Users MUST NOT reproduce or permanently store any content provided by this website in any medium or form whatsoever.
2.3. Users must navigate and utilize this website in a manner compliant with the MCS Privacy Statement as well as ALL relevant and applicable laws, regulations, standards, and codes.
2.4. Users under the age of 18 must obtain parental or guardian consent prior to accessing and using the MCS website.
2.5. Users must not: (a) Store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort, or enhance any of the content or information provided on this MCS website; (b) Incorporate or merge any of the content on this website with any other material, including advertising and promotional material; (c) Create HTTP links from this website to any other website on the Internet; (d) Send, post, communicate, or transmit to or via the website (including chat rooms, blogs, and social networking sites) any information or material which infringes a third party's rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading, and deceptive; (e) Use the website or any facilities available on or via the website (including chat rooms, blogs, and social networking sites) to defame, harass, threaten, menace, or offend any person, or in any way which inhibits another person from using or enjoying this website or its facilities; (f) Tamper with, hinder the operation of, or make unauthorized modifications to the MCS website or any content available on the MCS website; (g) Knowingly transmit any virus, worm, Trojan horse, or any other disabling feature to or via this website; (h) Use this website to send commercial, unsolicited, or mass electronic messages to any party or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); (i) Use another person's name, username, or password on this website or to access registered content on this website; or (j) Attempt to do, or permit another person to do, any of the acts stated above.
3. CHANGES TO THE WEBSITE
3.1. MCS and/or its suppliers may alter the content, information, products, and services provided on this website over time.
3.2. Products and/or services may be made available for sale from the MCS website at any given time. Fees and payments will be charged to customers at prices displayed and applied at the exact time of purchase.
4. OPERATION OF THE WEBSITE
4.1. MCS will make every effort to ensure that users have access to the MCS website at all times. However, the website may experience functional problems such as interruptions, delays, errors, and faults that may hinder the use and access of the website. MCS holds no responsibility for any potential harm experienced by users if such issues occur.
4.2. Users of the website may occasionally be required to re-authenticate themselves on the website, which may be due to a period of inactivity on the connection between the user's internet browser and MCS servers. MCS does not hold any responsibility or liability for the potential loss of user information if the website connection is suspended or terminated in such circumstances.
4.3. The MCS website enables specific users with access to specific content, facilitated by the provision of a username and password to these identified users prior to their website access. Users in possession of this specifically allocated information are responsible for the conduct of any person who uses these identifiers, regardless of whether such use has been authorized.
4.4. MCS may receive fees and/or commissions from third parties in relation to some of the content, goods, and/or services advertised, promoted, and sold on the MCS website. Users acknowledge and consent to this exchange when they utilize the services of this website.
5. LINKED SITES
5.1. The MCS website contains links to external websites, which are not maintained or controlled by MCS. The provision of these links is for the convenience of the user, and MCS does not accept any responsibility for missing, broken, or redirected links.
5.2. MCS does not accept any responsibility for the accuracy, completeness, and suitability of the content, goods, and services provided by any of the linked external sites contained in the MCS website. Furthermore, MCS does not conduct reviews or monitor any linked sites. Users directed to linked sites via the MCS website are responsible for their own engagement and exchange with the producers of such sites. MCS will not be responsible or liable for any loss and/or damage suffered as a result of users relying on, purchasing, or using any content, goods, and/or services from any linked site.
5.3. The presence of external links on the MCS website does not imply that we endorse, sponsor, or support any linked site and its content, products, or services made available. Nor does it imply that MCS affiliates and/or associates with the owners or operators of any of these linked sites.
6. MCS' LIABILITY TO USERS
6.1. MCS and its related companies do not accept responsibility and liability for any loss and/or damage suffered as a result of MCS website use and access, as well as the use and access of the content, information, products, and services made available on the MCS website. This is in exception to the requirements MCS must fulfill by law, such as applicable State or Territory fair trading legislation and the Trade Practices Act 1974 (Cth).
6.2. Furthermore, except to the extent required by applicable legislation, MCS and its related companies do not accept responsibility and liability for any business losses, losses to data and/or profits, or any other direct/indirect or consequential damage and/or loss which a user and/or customer may suffer as a result of the connection with MCS supply, non-supply, or defective supply facilitated by the MCS website.
7. YOUR LIABILITY TO MCS
7.1. Users' access to the MCS website explicitly indicates that users take responsibility for any damages and harm MCS and its related companies suffer as a result of their use of the MCS website.
7.2. Users therefore accept and agree to indemnify MCS and its related companies from and against loss, damage, costs, and expenses suffered by MCS arising out of, or in any way linked to, the use of the MCS website by users or by any external, unrelated party accessing the MCS website using the username and password MCS has provided.
8. SUSPENSION AND TERMINATION OF PRIVILEGED USERS
8.1. MCS obtains the right to immediately limit the access of users, or to suspend or terminate their use, if there is reasonable belief that a user has breached the outlined Terms and Conditions of Use and has not adhered to the Privacy Statement of the MCS website. This may include but is not limited to violations of applicable laws, intellectual property rights, unauthorized use of MCS website, fraudulent activities, or any other actions that are deemed detrimental to the MCS website, its users, or MCS and its related companies.
8.2. MCS reserves the right to take legal action against users who breach the Terms and Conditions of Use or the Privacy Statement, and seek damages or any other appropriate remedies available under the applicable laws.
8.3. Users whose access has been suspended or terminated by MCS may not create a new account or access the MCS website in any way without explicit permission from MCS.
8.4. MCS shall not be liable to users or any third party for any damages, losses, or expenses incurred as a result of the suspension or termination of user access to the MCS website.
9. TRADEMARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
9.1. All intellectual property relating to the MCS website, including any trademarks, design features, and content, is owned by MCS and its related companies and licensors. This includes but is not limited to logos, images, graphics, text, videos, and other materials displayed on the MCS website. Users are not granted any rights or licenses to use or reproduce any of the intellectual property owned by MCS and its related companies and licensors without explicit permission.
9.2. Users of the MCS website must not engage in any activity that constitutes defamatory, infringing, or non-compliant utilization of the MCS website or its intellectual property, as outlined in these Terms and Conditions of Use. This includes but is not limited to copying, modifying, distributing, transmitting, displaying, or using any intellectual property owned by MCS and its related companies and licensors without proper authorization.
9.3. Any unauthorized use of the MCS website's intellectual property may result in legal action by MCS and its related companies to protect their rights and seek damages or other appropriate remedies available under the applicable laws.
9.4. If users believe that their intellectual property rights have been infringed upon on the MCS website, they should contact MCS immediately to report the infringement and seek resolution.
10. WARRANTIES
10.1. MCS does not warrant that the content available on the MCS website is up-to-date, complete, or accurate. Therefore, MCS is not responsible for, nor liable to, any user in any way for the provision of superseded, incomplete, and/or inaccurate information on the MCS website.
10.2. MCS may change, add, or remove content in or from the MCS website at any time without notice.
10.3. MCS does not warrant that the functions of the MCS website or externally linked websites will be uninterrupted, error-free, or that defects will be corrected, or that electronic content available on the MCS website or externally linked websites are free of viruses or other harmful components.
10.4. To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability for MCS for breach of any such implied term will be limited, at the option of MCS, to any one or more of the following: (a) The repair or replacement of goods; (b) The resupply of services; (c) The payment of the cost of repairing/replacing the goods or performing the services again.
10.5. MCS is not responsible and liable for any indirect or consequential damages concerning your access to this website or use of or reliance on any content contained in it. This includes but is not limited to any loss of profits, data, or business opportunities, even if MCS has been advised of the possibility of such damages.
10.6. Users are solely responsible for verifying the accuracy, completeness, and reliability of any information obtained from the MCS website before relying on it or taking any action based on it. MCS does not endorse or warrant the accuracy, completeness, or reliability of any content, information, or materials provided on the MCS website by any third parties. Users should exercise their own judgment and caution in using the MCS website and its content.
11. GENERAL MATTERS
11.1. If MCS needs to notify users about any matters relating to the Terms and Conditions of Use, it is expected that users agree to MCS using the postal, fax, and email information provided by them to notify them of these changes. In the case of email, once the email leaves MCS servers, MCS assumes users have received this information unless MCS receives evidence that states otherwise.
11.2. MCS' Terms and Conditions of Use are governed by and controlled according to the laws of the state of Queensland, Australia. This website is intended to be accessed by Australian residents. MCS makes no representations about the compliance of its website with the laws of any other country. Therefore, if non-Australian users access this website outside of Australia, they do so at their own risk and are themselves responsible for complying with any laws regarding use and access to websites effective at that time. These vary depending on what country the user is in.
11.3. If any of the stated Terms and Conditions of Use are invalid, unenforceable, or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only, and the remaining terms will still exist and apply.
11.4. If MCS does not act in relation to a specific breach of a user of these Terms and Conditions of Use, this inaction will not be treated as a waiver by MCS of its right to act with respect to subsequent or similar breaches.
