Users' access and use of the MCS website is subject to the terms and conditions of use outlined here as well as that outlined in the MCS Privacy Statement. Visitors to the MCS website, as a result of their access and use, expressly agree to the Terms and Conditions of Use as outlined here by MCS. This following outline acts as a legally binding agreement between 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. Over time, there may be the need to alter the Terms and Conditions of Use to reflect the evolving nature of the MCS business. All changes will be made to the Terms and Conditions of Use page, 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 in 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, a user may download the content available on this website onto his/her personal computer, but only to the extent required to allow the user easier viewing of the content. Users may also print hard copies of this website's content, but only 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 utilise 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 the access and use of 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 unauthorised 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 will alter the content, information, products and services provided on this website over time.
3.2. Product 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. Realistically, the MCS website may experience functional problems such as interruptions, delays, errors and faults that hinder the use and access of the website. Such is that MCS pertains to holding no responsibility of potential harm experienced by any user if these issues were to occur.
4.2. Users of the website may occasionally be required to re-authenticate themselves on the website. This 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 and liability for the potential loss of any 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. This is 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 if such use has been authorised.
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 this exchange once they utilise the services of this website.
5. LINKED SITES
5.1. The MCS website contains links to external websites, all of which are not maintained or controlled by MCS. The provision of these links is for the convenience purposes of the user. 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, and the goods and services provided available from 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 websites are responsible for their own engagement and exchange with the producers of such sites. MCS will not be responsible and 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 mean that we endorse, sponsor or support any linked site and its content, products or services made available. Nor does it mean 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 does 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 PRIVILEDGED 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.
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.
9.2. Users of the MCS website must not do anything with, or on, the website that partakes in the defamatory and noncompliant utilisation of the MCS website as outlined in these Terms and Conditions of Use.
10.1. MCS does not warrant that the content available on the MCS website is up-to-date, complete or precise. Therefore, MCS is not responsible for, nor is it 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, without error, that defects will be correct 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:
- The repair or replacement of goods
- The resupply of services
- The payment of the cost of repairing/replacing the goods or of performing the services again
10.5. MCS is not responsible and liable for any indirect or consequential damages concerning your access of this website or use of or reliance on any content contained in it.
11. GENERAL MATTERS
11.1. If MCS requires notification of any matters relating to the Terms and Conditions of Use to users, it is expected that users agree to MCS using postal, fax and email information provided by such users 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 these 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.