Terms and Conditions
Welcome to the Australian Motorcycling Competition Association
Website.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern AMCA relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘AMCA or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
AMCA reserves the right to make changes to this site and these terms and conditions at any time.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
AMCA Deals Terms & Conditions
We are not able to offer the deal pricing outside of the set timeframes. If you purchase an item outside of this time, it will be the original price. If an item you purchased has deal pricing after your purchase, we are not able to reimburse the difference.
All items, including deal items can be returned in accordance to our returns policy, however if you choose to return an item after the deal has ended the new item will return to the original price (unless for a different size only, see below). We suggest purchasing replacement items right away to secure the deal price.
We will accept size-only returns at the deal purchase price in accordance to our returns policy. Providing that the item is in stock, and the same item as purchased (from the same overarching part number). Returning for alternative items are subject to price difference.
We are not able to special order in, layby or raincheck items at the deal price. The pricing is final, no further discounts.
We are not able to hold items prior to complete payment, to secure items you will need to pay in full.
Items added to your cart at the deal price during the deal will return to their original price once the deal has ended.
Any quotes or invoices created during the deal timeframe will be cancelled once the deal has ended, and the items will return to the original price.
Marketing
By ordering or registering on the AMCA site you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via the link at the footer of any marketing communications or contacting our Customer Service team and we will remove you from marketing communications. We do not share, sell or exchange any customer contact information with other companies excluding shipping carriers who use this information to deliver orders.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AMCA reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, to supply less than the quantity you ordered of any item.
Fraud Prevention
All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order and orders will be held from shipment until security checks have been completed. We will make reasonable attempts to contact you using the details provided to complete the necessary security checks. Failure to comply with such requests from AMCA will result in the order being cancelled and the funds being refunded back to the card used.
Shipping & Delivery
AMCA cannot be held responsible for any lost items, parcels/packages, once the order has been sent by AMCA we have no control over the delivery times, methods or unforeseen issues that may occur
The delivery times provided by AMCA are estimates only. AMCA will not be held accountable for late deliveries or loss or damage relating to late deliveries.
Larger orders may be without notice, split up and shipped on a number of consignments for ease of delivery. Tracking information for all consignments will be available.
AMCA will not be held accountable for delivery instructions left on the order being missed or not followed.
Returns, Refunds, Exchanges & Warranty
AMCA reserves the right to refuse any returned item without notice if we deem the return to not meet guidelines set upon creation of an RMA.
The cost of returning rejected items is the responsibility of the customer and AMCA reserves the right to hold products until payment of shipping has been made.
Pricing
Prices are subject to change without notice. All pricing unless otherwise stated is set to Recommended Retail which in most cases is set by the Australian Importers of the Products. Pricing changes at AMCA are at the direction of the Australian supplier due to currency fluctuations.
There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.
Order Cancellations
If notified before goods have been dispatched, AMCA can accommodate order cancellations. If items have been shipped, AMCA reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
Warnings & Waiver
MPORTANT - THIS IS A CONTRACT.
YOU MUST READ, UNDERSTAND THIS CONTRACT BEFORE YOU PARTICIPATE OR SPECTATE AT ANY AMCA SANCTIONED EVENT.
By attending any AMCA sanctioned event is it taken that you have read, understood and agreed to the contract, waiver and warnings.
Waiver Agreement
Recitals
A. The Provider organises, and permits participants to participate in, the Recreational Activity in consideration for the Participant:
a. If a rider, paying the Application Fee; and
b. If a volunteer official volunteering to officiate at the Recreational Activity;
c. If a member of the media, accepting the Provider’s terms of media accreditation; and otherwise agreeing to be bound by the Provider’s rules and directives governing the conduct of the Recreational Activity.
B. This document is the contract between the Provider and the Participant with respect to the Participant’s participation in the Recreational Activity.
C. The purposes of this contract include to:
a. exclude the liability of the Provider to the extent permissible by law to pay damages or any other form of compensation whether arising in tort contract or statute or at law or in equity for any personal injury or death of the Participant as a result of the participant’s participation in the Recreational Activity; and
b. provide a warning of the risks of engaging in the Recreational Activity (as defined below).
D. Participating in the Recreational Activity is dangerous. The risks include but are not limited to death, serious injury or illness due to:
• falling from your bike;
• difficult terrain and obstacles;
• hazardous and changeable track conditions;
• rider error and/or lack of skill or care and/or dangerous or reckless behaviour on your part or the part of other participants;
• undisclosed medical conditions;
• decisions made or not made by organisers, officials, landowners/track operators and any agents or representatives of those in charge of meetings;
• heat, cold, wet or other adverse weather conditions;
• contact with vehicles, other participants or members of the public who may or may not be acting safely;
• lack of access to medical, evacuation or search services; or
• design of the track.
Operative parts
1. In consideration for me (the Participant) paying or providing the consideration under clause A above to participate in the Recreational Activity, the Provider will permit me to participate in the Recreational Activity.
2. I acknowledge that the Recreational Activity involves the risk of serious injury, physical harm or death. I warrant that I am aware that the Recreational Activity involves the risk of serious injury, physical harm or death.
3. I also acknowledge that in signing this contract I have done so voluntarily and that no pressure or unfair tactics have been used to persuade me to sign this contract and that I have done so voluntarily in the knowledge that it is open to me not to sign the contract and for the Provider to refuse to permit me to participate in the Recreational Activity. I also warrant that I have been given sufficient opportunity to read this contract before signing it and that I have read it.
4. I agree that the Provider and any directors or officers of the Provider and any person associated with organising the Recreational Activity shall not be liable to me or any other person for damages, compensation or loss, whether in tort, contract, under statute or at law or in equity or otherwise for any personal injury or death caused by, or in connection with, or arising out of, my participation in the Recreational Activity.
Definitions
Application Fee means the fee payable by the Participant (as a rider) to participate in the Recreational Activity.
Participant means the person signing this form and whose name appears next to Participant below.
Provider means those persons and entities listed in Annexure 1.
Recreational Activity means the event specified in Annexure 2.
Participant acknowledgements, consents and authorisations
i. I acknowledge that it is my responsibility to only participate in the Recreational Activity if I am fit and able to do so.
ii. I acknowledge that I am responsible for all medical, hospital and ambulance expenses arising out of my participation in the Recreational Activity.
I acknowledge that I have agreed to, and am bound by, the Provider’s rules and directives governing the conduct of the Recreational Activity, including the AMCA anti-doping policy and understand that I may be subject to drug testing.
vii. I authorise and consent to photographs and electronic images (images) being taken of me in the course of the Recreational Activity. I have no proprietary interest in the images. I authorise and consent to the Provider using such images, my name and information about my participation in the Recreational Activity to promote the Provider or any recreational activities organised by the Provider.
Additional Clauses for Victorian Events
SCHEDULE 2
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
SCHEDULE 3
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Additional Clauses for South Australian Events
Form 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is:
a statutory guarantee that those services will be rendered with due care and skill; and
a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being
acquired (as long as that purpose is made known to the supplier); and
a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might
reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom
negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any
personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third
party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
Agreement to exclude, restrict or modify your rights:
I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Definitions
1. Recreational services are services that consist of participation in:
a sporting activity or similar leisure-time pursuit; or any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
2. Personal injury is bodily injury and includes mental and nervous shock and death.
Further information:
Further information about your rights can be found at www.cbs.sa.gov.au