MotoCloud – We are MotoCloud Pty Ltd (ABN 88 646 914 847) (“MotoCloud”, “we”, “us”, “our”), the operator of a social media and community resource platform for motorcyclists.
Terms – MotoCloud has created this document (these “Terms”) to set out the terms and conditions applicable to any person (”you”) in respect of your access to and use of:
Website – our website located at motocloud.online (our “Website”), including our ‘Moto Store’ available on our Website;
Apps – any mobile device applications (“Apps”) we provide from time to time; and
social media – our social media pages, including any submissions or materials you post or submit on them
(our Website, our Apps and our social media pages being our “Platforms”), regardless of how you access our Platforms, including by means of any technologies or devices by which we make our Platforms available to you, even if you are just browsing, or when you make an enquiry or place an order for goods or services.
Understanding – It’s important that you read and understand these Terms.
Disagreement – If you don’t agree to these Terms, then you must not access of use our Platforms.
Acceptance – Your access or use of any of our Platforms indicates your acceptance of, and that you will be bound by, these Terms.
Sections – These Terms are divided in to three (3) sections:
Section A (Your use of our Platforms);
Section B (Products and services); and
Section C (Legal terms),
Agreement – These Terms form the whole of the agreement between you and MotoCloud, regarding your access and use of our Platforms, whether as a registered or guest user of any Platform, and any product or service you order from us through any of our Platforms.
Phone / email – These Terms may also apply to the purchase of products or services from us made over the telephone (“phone”) or by electronic mail (“email”), if we have specified that they will apply and notified you of this.
Other policies – To the extent that any inconsistency arises between these Terms and any separate policy in relation to the supply or return of products that is published on our Website, that policy will apply.
Priority – These Terms will otherwise supersede, replace and have priority over any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for products or services you make through any of our Platforms, over the phone or by email (an “Order”), whether or not such terms or conditions are signed by MotoCloud.
Contact details – By registering on, or ordering through, any of our Platforms, you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products, services or promotions.
Other contact – From time to time we may contact you about offers and new products and services.
Removal – You can easily remove yourself from our subscriber list by either unsubscribing through a link in any email you receive from us, or by contacting us at firstname.lastname@example.org.
Section A – Your use of our Platforms
Use – Our platforms are for your personal, non-commercial use, unless otherwise approved by MotoCloud.
Residents – Our Platforms and associated products and services are only available for people that reside in Australia.
Non-residents – If you do not reside in Australia, you must not use our Platforms.
Browsing – You are free simply to browse any of our Platforms to learn more about us and what we do.
Consideration – You should carefully consider whether our Platforms and the products and services we provide are suitable for your needs, and get independent advice if you need it.
Own responsibility – You are responsible for your own internet connection, telecommunications and data costs when accessing and using our Platforms.
Representations – By using any of our Platforms, you represent and warrant to us that:
age – you are sixteen (16) years of age or older (as we do not permit persons younger than that to access or use our Platforms);
information – any information that you submit (including your contact number, email address and address) is truthful and accurate, and that you will keep these details up to date; and
use – your use of any of our Platforms is for legitimate purposes only, including browsing, requesting, booking and paying for products and services.
Prohibitions – Whether or not you register for an account on any of our Platforms, you must not (without our express permission):
misuse – post or transmit anything to any of our Platforms or to us, or otherwise use any of our Platforms in any way, that is misleading, fraudulent or unlawful, or is otherwise aggressive, threatening, abusive, bullying, harassing, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable;
other users – send ‘spam’ or unsolicited messages to other users or to harvest personal information and contact details of other users, or restrict or stop other users from using or enjoying our Platforms;
access – access data or any part of any of our Platforms that is not intended for you or which you are not authorised to access, or attempt to obtain products or services to which you are not entitled;
material – modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on any of our Platforms;
other publications – use or attempt to use any material published on any of our Platforms to create any other website, App, social media page or other publication;
sales – transfer or sell any information, functionality or products or services made available on or through any of our Platforms, or represent that you are entitled to do so;
others – pretend that you are, or represent, someone else (other than any use of a pseudonym permitted by us);
hacking – probe, scan, test or use any method or process (including data scraping, web-bots, collection or accumulation tools, robots, spiders or scripted responses) for the purpose of breaching security or authentication measures or interrupting access or functionality of any of our Platforms or any related system or network;
interference – damage, disrupt access to or interfere with the proper operation of any of our Platforms, or upload or permit any virus or malicious code to adversely affect any of our Platforms or any associated equipment or data;
monitoring – track or monitor any content, user or website functionality;
over-loading – impose an unreasonable load on our systems or networks;
illegality – breach any applicable laws or regulations in respect of your use of any of our Platforms; or
linking – frame, deep link, mirror or re-transmit any part of any of our Platforms or its content, or quote or use the whole or parts of any of our Platforms or its content in a third-party website. (If you are interested in linking to any of our Platforms, please contact us at email@example.com).
Investigations – We may, at any time and at our absolute discretion, investigate any reported or suspected breach of these Terms (or other unauthorised or unlawful use of any of our Platforms) by you.
Data use – In conducting any investigation, we may use data that we have recorded in relation to your use of any of our Platforms.
MotoCloud’s rights – Following an investigation, if we believe that you have not complied with these Terms or any other agreement with MotoCloud at any time, we may immediately cancel any Order, end your access to our Platforms, suspend or restrict your use of our Platforms, report any unlawful conduct to the appropriate authorities, and otherwise take appropriate legal action.
Consent – You agree that we may do so for any reason or none, without prior notice to you, and without liability to you or anyone else.
Platforms / content
Information – The content, goods and services made available on and through our Platforms are provided as general information only.
Nature – Each of our Platforms and its content:
advice – are not professional, expert or other advice and are not a substitute for such advice;
circumstances – may not be appropriate, correct or sufficient for your circumstances; and
reliance – should not be relied on as the only or primary reason you do or don’t do anything.
Account creation – If you wish to buy any products or services, you may first be required to create an account on one of our Platforms.
Usernames / passwords
Security – You must keep your username and password to access our Platforms secure and confidential and not in any circumstances provide those details to any third party.
Liability – You represent and warrant to MotoCloud that you accept all liability for any unauthorised use of any username and password issued to you.
You – You are responsible for your use of our Platforms, and you must not give your account details to anyone else.
Others – If someone else accesses any of our Platforms using your account details, then you are also responsible for that person’s use of the relevant Platforms.
Unauthorised access – If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify MotoCloud immediately of any potential security breach or fraudulent activity.
Liability – Although we will not be liable for any loss you or others suffer as a result of unauthorised access to or use of your account, you will be liable for any loss we suffer (except where the unauthorised access or use was outside your reasonable control).
Ownership unaffected – Nothing in these Terms affects the ownership of any words, images, photographs, graphics, video, audio or other materials (including any Advertisements as described in clause 1) (“Content”) that you post or submit to any of our Platforms, or otherwise provide to us, or post to a public forum or social media channel in connection with us, an Order, or products or services.
Consequences of provision – By providing Content to us, you:
correctness / reliance – represent that any information comprising the Content is true and correct and acknowledge that MotoCloud will rely on that information in entering into any agreement with you;
rights – promise that you own or have the right to use any Content that you submit on or through any of our Platforms, and that use of your Content on or through our Platforms will not infringe anyone else’s rights or otherwise cause injury to any person or entity; and
licence – give us a non-exclusive, transferrable, perpetual, irrevocable, world-wide, royalty-free licence (with the right to sub-licence) to use, publish, reproduce, modify and communicate your Content for the purpose of operating our Platforms and the MotoCloud business, including providing products and/or services to you.
Moral rights – You waive any moral rights in your Content for the purposes of its submission to and publication on our Platforms.
Dealing with – Any Content you upload or submit to any of our Platforms will be considered non-confidential and non-proprietary, and we may edit, modify, delete, remove or take down any Content within our possession or control that we believe (in our sole discretion) is in breach of these Terms or is otherwise unlawful, without notice to you and without us incurring any liability.
No monitoring – We are under no obligation to monitor or moderate any Content.
Opinions – The opinions expressed in any Content are the opinions of the provider of that Content and do not constitute opinions of or representations made by MotoCloud.
Identity disclosure – We also have the right to disclose your identity to any third party who is claiming that any Content uploaded or submitted by you to any of our Platforms or any social networking site constitutes a violation of their intellectual property rights or of their right to privacy.
MotoCloud IP – Our Platforms and everything on our Platforms (excluding your Content) is either owned by us or is licensed to us, including (together, “MotoCloud IP”):
design – the design, compilation and look and feel of each of our Platforms;
right – all copyright, trade marks, designs and other intellectual property displayed on or incorporated into any of our Platforms;
products / services – all intellectual property rights subsisting in the products and/or services we offer though our Platforms; and
details – all other trade marks, logos, business names or domain names used in connection with our Platforms and our business (unless otherwise stated).
Licence – Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferrable, revocable, world-wide, royalty-free licence (without the right to sub-licence) to access, use, and download the MotoCloud IP, only for the limited purpose of accessing and using our Platforms, including communicating with us and buying our products and/or services.
Restriction – You must not use, copy, reproduce, adapt, modify, transmit, distribute, sell, publish or store any of our content or the MotoCloud IP in any way not expressly permitted within these Terms (or otherwise allowed by law).
Rights – All rights in the MotoCloud IP are strictly reserved to MotoCloud and its licensors, and nothing in these Terms creates an assignment in respect of the MotoCloud IP.
Third party advertisements and content
TMs – Trade marks used on our Platforms to describe third parties and their products are trade marks of those third parties (“Third Party Trade Marks”).
Restriction – You must not copy, reproduce, adapt, modify, transmit, distribute, sell, publish or store the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
Advertisements – If motor vehicles and other goods and/or services are offered on or through our Platforms by third parties, who are not authorised representatives of MotoCloud (including advertisers), you acknowledge that, in relation to any Advertisements (see clause 1) on our Platforms placed by third parties to advertise their motor vehicles and other goods and/or services:
advertisers – MotoCloud does not act as an agent or broker or in any other way on behalf of any advertiser, and we do not arrange, or any have involvement with, any contract between you and any advertiser, or provide any representations or warranties in relation to any advertisements on any of our Platforms;
responsibility – we do not own any motor vehicles or goods, or provide any services, advertised for sale or provision by third parties on our Platforms, and will have no liability whatsoever for these or for any losses that you may incur as a result of purchasing a motor vehicle, goods and/or any services advertised by third parties;
investigations – you are responsible for taking all relevant steps in order to safeguard yourself and your money and making all relevant searches, enquiries and investigations in relation to any Advertisements, including any register of written-off vehicles or register of security interests (including the Personal Property Securities Register or otherwise); and
suspicions – if you see anything suspicious, or believe an Advertisement to be fraudulent, please report it to us immediately so that we can investigate.
Not responsible – MotoCloud will not be responsible for:
arrangements – the terms of any contract or other transaction between you and any advertiser or other third party;
sales – any goods or services you buy from any advertiser or other third party or;
disputes – resolving any dispute between you and any advertiser or other third party.
Section B – Products and services
Orders – These Terms apply to any Order you place through any of our Platforms, regardless of how you access them, including through any technologies or devices by which we make our Platforms available to you.
Products / services – You may buy the following products and services from us:
products – products (including branded clothing and accessories through the ‘Moto Shop’ section of the Website);
advertising – advertising services; and
events – event management services.
Orders and acceptance
Products / services – You may buy products and/or services through our Platforms or otherwise by contacting us by email or phone.
Acknowledgement – After you place your Order, you will receive an email from us acknowledging that we have received it and are processing your Order.
Meaning – Please note that this does not mean that your Order has been accepted, nor does it constitute confirmation of our offer to sell products or provide services to you.
Acceptance – Our acceptance of your Order will take place when we send an email to you confirming our acceptance (an “Order Confirmation”), at which point and on which date a contract between you and us will come in to existence.
Declining – MotoCloud reserves the right to decline your Order for any reason (or supply less than the quantity of products or amount of services ordered), by written notice to you at any time after receipt of your Order, even after we provide an Order Confirmation.
Contract – The contract between you and us will relate only to those products and/or services confirmed in the Order Confirmation.
Possible – MotoCloud may (but is not obliged to) allow you to cancel your Order.
Circumstances – Subject to clause 1 above, you may cancel your Order if you notify us in writing:
acceptance – before we accept an Order (as described in clause 8);
work – before we have started work in respect of the applicable Order;
products / services – before any relevant products have been dispatched or service provided; or
events – up to seven (7) days before the date a relevant event is due to begin.
No otherwise – Other than this, you cannot cancel an Order once you have placed it.
Refusal / fee – MotoCloud reserves the right to refuse Order cancellations or to charge a reasonable cancellation fee. Cancellation fee of 2.5% applies.
Pricing and payment
Change – Prices for products and services supplied by MotoCloud, including in accordance with clause 12, (“Prices”) are subject to change without notice to you.
Fixed – Products and/or services bought through our Platforms are bought at the Prices quoted or notified at the time of Order, and any subsequent change to Prices quoted on our Platforms will not affect Orders made before that change.
Agents – Payment will be taken by our sales facilitation and fulfilment partners (our “Payment Agents”), including (at the date of these Terms) Square AU Pty Ltd and Stripe Payments Australia Pty Ltd.
Agreement / method – You agree to pay us (though our Payment Agents) the Prices, which will be charged to your nominated method of payment (where valid and accepted) and may otherwise be invoiced to you at any time.
Terms – You must pay the relevant Prices in accordance with the payment terms specified in any relevant invoice, or as MotoCloud or our Payment Agents otherwise communicate to you.
Failures – Our Payment Agents may use tools, software or the services of payment processors to process transactions on their behalf; and if your payment is not received from your card issuer by the applicable Payment Agent for any reason, you agree to pay all amounts due promptly upon request and using such method as the Payment Agent may reasonably prescribe.
Currency – All Prices are quoted and will be charged in Australian dollars (A$ or AUD).
Inclusive – The Prices confirmed at the time of Order are inclusive of GST and applicable taxes, fees (including credit card merchant fees and surcharges) and charges, unless otherwise notified to you before purchase.
Incorrect – If a product or service is listed on any of our Platforms at an incorrect Price or with incorrect information due to typographical error or error in pricing or product or service information, MotoCloud will have the right to refuse or cancel any Orders placed for such products or services (including if such Orders have been confirmed or payment of the Price has been processed).
Re–confirmation – We will, where possible, give you the option of re-confirming your Order (at the correct Price).
Payment – If your payment has already been processed and we then cancel your Order, we will (at our option) either issue a credit to your account in the amount of the Order or refund the relevant amount to you.
Change of address
Address – The shipping address for your Order in relation to product, is shown in the checkout and on your Order confirmation and shipping confirmation emails.
Changes – If an incorrect address was entered, address changes can only be made before the Order is shipped. MotoCloud cannot accommodate all address change requests.
Errors – MotoCloud takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, expense, cost or damage arising from an Order being shipped to such an address.
Delivery of products
Australia – At this time, MotoCloud only delivers Orders for products within Australia.
Estimates – The delivery times provided by MotoCloud are estimates only.
Delays – You are not relieved of any obligation to accept delivery of or pay for products because of a delay in delivery.
Efforts – MotoCloud will make all reasonable efforts to deliver the products to you at the time and on the date agreed as the delivery date.
Liability – However, time is not of the essence under these Terms and, except where MotoCloud has an obligation under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), MotoCloud is not liable to you for any loss, expense, cost or damage arising out of any failure to deliver or delay in delivery for any reason, including where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, epidemic, pandemic, government directive, court order or similar matter).
Locations – If the option for customer pick-up is available for products you wish to Order, pick-up can be arranged from one of our events.
Failure – When you elect to pick up products from our warehouse locations yourself, MotoCloud is not liable to you for any failure to collect the products or delay in collection.
Shipping – If you fail to collect the products within a notified collection period, MotoCloud may (at our election) ship those products to your nominated contact address at your cost (and subject to reasonable additional storage and handling charges).
Charges – If you fail to collect the products, fail to provide a valid delivery address and/or take delivery of the products within any relevant period, MotoCloud may charge a reasonable storage and/or handling fee to hold the products in our nominated warehouse on your behalf (and such charges will be as MotoCloud notifies you in writing or publishes on the Website from time to time).
Refund – MotoCloud may otherwise, at its sole election, refund payment received in respect of uncollected and/or undelivered products, in which case we cannot guarantee that replacement products will be available.
Risk in and ownership of products
Risk – All risk in the products you Order (including risk of loss and/or damage to the products) will pass to you when they are delivered to the delivery address specified in your Order, unless otherwise agreed in writing.
Ownership – We retain ownership of the goods until we have received payment of the Price, as well as all other amounts owing by you to MotoCloud, in full.
Damaged or incorrectly supplied products
Checking – You should check all products you receive against your Order.
Notification – If the products you receive are damaged or incorrectly supplied on delivery, then you must note the details of any damage or error in supply on the delivery documentation and inform us (by post, phone or email only) within a reasonable period of time, but no later than seven (7) days after receiving the products.
Return – You must return the products to us as soon as possible, but no later than seven (7) days, after informing us that the products are damaged or have been incorrectly supplied.
Refund – If you notify us that the products are damaged or have been incorrectly supplied, and return the products to us, our only obligation will be to refund to you the amount paid by you for the products in question.
Advertising – In order to place a motor vehicle or other advertisement on any of our Platforms, colloquially known as a ‘classified’ (an “Advertisement”), you must:
age – be eighteen (18) years old or over;
account – set up an account on the relevant Platform;
phone – provide an Australian contact telephone number;
nature – be a private or non-commercial advertiser, or a licensed dealer, and intend to sell any relevant motor vehicle featured in your Advertisement from your home, business or dealership (as applicable);
dealer – if you are a licensed dealer, not place any advertisement as a private advertisement and/or otherwise pass yourself off as a private or non-commercial advertiser;
information – provide all relevant information for your Advertisement (including any photographs) in the form approved by us from time to time;
vehicle – if requested, provide us with proof of ownership of any relevant motor vehicle and/or proof that the motor vehicle is in Australia; and
charges – pay the prescribed advertising fee (if applicable) at the rate and in the manner we notify to you.
Augmentation – MotoCloud may augment information supplied by advertisers, with information supplied by third parties (including, in the case of motor vehicles, model and year).
Inaccuracy – Whilst MotoCloud requests advertisers to check this information, it is possible that such information may be inaccurate.
Checking – MotoCloud strongly recommends that you check with the advertiser, that all information in relation to the relevant goods and/or services is accurate.
No liability – MotoCloud will have no liability whatsoever for any inaccuracy of any information contained in any Advertisement.
Breach / damage – If, in MotoCloud’s reasonable opinion, any Advertisement breaches any term of these Terms (including clause 4) or the publication of the Advertisement may damage MotoCloud’s reputation or would otherwise be contrary to MotoCloud’s legitimate business interests, MotoCloud may at any time and without notice to you, cancel, reject or refuse to publish or continue publishing any Advertisement at any time before, or after, publication of the Advertisement, provided that this right will not be unreasonably exercised.
No refund – If MotoCloud cancels, rejects or refuses to publish or to continue publishing any Advertisement as contemplated under this clause 15, you will not be entitled to a refund or credit of the advertising fee (where applicable).
Representations – You represent and warrant to us that:
ownership – you are the owner of all items included in your Advertisement(s) and you have the right to sell those items;
responsibility – you are responsible for all Advertisements you submit and you are entitled to publish the Advertisement and all materials contained in the Advertisement;
licence – you have the authority to grant to MotoCloud the licence contained in clause 2(c) above;
compliance – you will comply with any applicable advertising guidelines or any other requirements and deadlines as notified to you by MotoCloud from time to time;
details – any details or descriptions you have provided in respect of any advertised motor vehicle in the Advertisement is accurate and is not misleading or deceptive; and
monitoring / control – you are responsible for publishing, monitoring and removing your Advertisement(s) unless agreed otherwise by us, and if you refer to a motor vehicle as being ‘sold’ in any part of an Advertisement, we may ask you to remove such Advertisement from our Platforms, and we otherwise reserve the right to remove such Advertisement without notice to you.
event advertising – advertising your event on our Platforms and (if applicable) providing a hyperlink to your website or the relevant booking platform;
event advertising & bookings – advertising your event and managing all bookings and tickets for your event through our online booking platform solution (including registration and payment); and
partnership events – partnering with event organisers to deliver motorsport events.
Waivers / indemnities – If you place an Order for event management services, or otherwise make a booking to buy tickets to motorsport events, from us or through our Platforms, the following conditions apply:
Participants – if you operate or intend to operate motorsport events under a Motorcycling Australia permit, a requirement of Motorcycling Australia public liability insurance is that each driver / rider, competitor, service provider, pit crew member and official is required to sign a full waiver and indemnity before participating in an event.
Others – In addition to the insurance requirements, Motorcycling Australia also recommends that waivers and indemnities are obtained from others who are involved with or are spectators at events where possible.
Waivers – You warrant and undertake to (at the very minimum) obtain signed waivers and indemnities for each and every rider or competitor, before or on the date of the event.
Participants – If you intend to participate in a motorsport event (as driver / rider, competitor, service provider, pit crew member, official, product or service provider, spectator or otherwise), you must contact the relevant operator of the event and obtain, sign and return the applicable waiver and indemnity document, before or on the date of the relevant event.
No responsibility – MotoCloud will have no responsibility or liability for any of the matters referred to in clauses 2(a) and 16.2(b) above.
Indemnity – You must, to the maximum extent permitted by law, at all times and at your own cost, indemnify, keep indemnified, defend and hold us harmless (including our members, officers, employees, agents, representatives, contractors and assigns) (the “Indemnified Parties”) from and against, and pay the Indemnified Parties on demand the amount of, all and any claims, actions, suits, proceedings, demands or causes of action however arising (including in negligence) by you or any person (“Claims”) and/or losses, liabilities, costs, expenses (including legal fees) or other damages (“Losses”) whatsoever which the Indemnified Parties may suffer or incur arising out of, associated with, or in relation to the matters referred to in clauses 2(a) and 16.2(b) above.
Contact – Please contact us for prices and further information.
Section C – Legal terms
Change and access
Changes – MotoCloud does its best to provide current and accurate information on the Platforms, but things sometimes change, and so we may need to update or remove statements and representations made on our Platforms from time to time.
Availability – Our Platforms will usually be available twenty-four (24) hours a day, seven (7) days a week.
Non-availability – Sometimes, however, our Platforms may be unavailable while we conduct maintenance, upgrades, or for technical or other reasons.
Notice – We will try to give you notice before any planned outages, and keep interruptions to a minimum.
No liability – However, we are not responsible for any delay or Loss you might suffer as a result of any error or interruption in accessing any of our Platforms.
Our liability to you
No promises / liability
Platforms / content – We do not promise that the content on any of our Platforms (or your access to them) will be uninterrupted or error‑free, that any defects will be corrected, or that our Platforms or their content are free of viruses or any other harmful components.
Access / use – We make no promises regarding correctness, completeness, reliability or otherwise regarding our Platforms, their content, your access to them, or your use of them.
No liability – We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability of any of our Platforms or their content.
Advertisements – You acknowledge that we have no control over any advertisements placed on our Platforms, or the truth or accuracy of the information contained in any listings or advertisements, and that any information, illustrations or photographs displayed on our Platforms are solely for guidance and are not to be relied on.
Instructions – Further, MotoCloud does not warrant that notices or advertisements will appear on our Platforms according to instructions.
Further loss – Subject to where liability cannot be limited or excluded by applicable law, MotoCloud will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, software, anticipated savings or benefits, or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of any of our Platforms or their content or services, or from the purchase or supply of any products and/or services.
Exclusion – Subject to the non-excludable provisions of the Australian Consumer Law and any other non-excludable term implied by law, our Platforms, their content and all of MotoCloud’s goods and services are provided on an ‘as is’ basis without warranties of any kind (except as expressly provided by us in writing), and MotoCloud excludes all representations, warranties and liability of any kind (including in negligence) in connection with our Platforms, their content, or any products or services advertised or offered for sale through our Platforms.
Limitation – To the maximum extent permitted by law, where any liability of MotoCloud cannot be excluded, we limit that liability (at our election):
remedies – in respect of any damaged or defective products or services provided to you by MotoCloud, to:
repair – repairing any products;
replacement / re-supply – replacing any products, or supplying again any services, provided to you by MotoCloud; or
cost – paying the cost of having the products repaired or services re-supplied; and
payment – otherwise, to payment in the amount of A$
Your liability to us
Responsibility – You are liable and solely responsible for:
Content – any Content you submit through any of our Platforms;
IP – your breach of any person’s intellectual property rights (including those of MotoCloud or its manufacturers and suppliers);
contracts – your breach of these Terms or any other agreement with us; and
laws – your breach of any applicable law.
Indemnity – You must, to the maximum extent permitted by law, at all times and at your own cost, indemnify, keep indemnified, defend and hold harmless the Indemnified Parties from and against, and pay the Indemnified Parties on demand the amount of, all and any Claims and/or Losses whatsoever which the Indemnified Parties may suffer or incur arising out of, associated with, or in relation to the matters referred to in clause1.
Claims – We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
Presence – Our Platforms may contain links to other websites which are owned by third parties, such as our partners and supporters.
No endorsement – These links are provided solely for your convenience and are not an indication that MotoCloud endorses the products or services that are provided by that website.
Risk – When accessing third party sites and using those products and services, you agree and undertake to do so at your own risk.
Expression – We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way.
Advice – If you read something in these Terms that you are not sure about, then please seek independent advice.
Validity – Invalidity of any provisions in these Terms does not affect any other provisions.
Waiver – Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
Making – We may from time to time make changes to these Terms.
Checking – It is your responsibility to ensure that you check these Terms each time you visit any of our Platforms.
Acceptance – Your continued use of any of our Platforms means that you have accepted any changes we have made.
You – You may not resell, assign or transfer any of your rights or obligations under these Terms to any third party, unless we agree otherwise in writing.
Law / jurisdiction
Law – This licence is governed by and is to be construed in accordance with the laws in force in Victoria, Australia, without regard to any conflict of law principles that would result in the application of any law, other than the law of that State.
Jurisdiction – You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of and in that State and any courts which may hear appeals from them, and waive any right to claim that those courts constitute an inconvenient
Language – These Terms is written in English. If we make a translated version of these Terms available and it conflicts with the English version, the English version will prevail.
Please feel free to contact us if you have any questions about these Terms, or MotoCloud generally:
MotoCloud – We are MotoCloud Pty Ltd (ABN 88 646 914 847) (“MotoCloud”, “we”, “us”, “our”), the operator of a social media and community resource platform for motorcyclists.
Exceptions – Where applicable Australian Privacy Laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.
“personal information” has the meaning given in the Australian Privacy Laws, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise; and
“sensitive information” has the meaning given in Australian Privacy Laws, and (in summary) includes certain specific types of personal information, such as health information and information about a person’s racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information.
How do we collect your personal information?
Means – We will only collect personal information about you by lawful and fair means.
Ways – We collect personal information in a number of ways, including when you provide personal information to us through some of the following means:
contact – when you contact us by telephone (“phone”) or correspondence (whether in writing or electronically, including by electronic mail (“email”) or by other means;
enquiries / orders – when you make an enquiry or place an order for goods or services, including through our ‘Moto Store’ available on our website located at motocloud.online (our “Website”), through any mobile device applications (“Apps”) we provide from time to time, through our social media pages (our Website, our Apps and our social media pages being our “Platforms”), by phone or other means;
account – when you sign up and create an account on our Platforms;
advertisements / events – when you create an advertisement or submit an event on our Platforms;
forms – when you fill in registration or other forms;
content / interaction – when you upload content or interact with us through our Platforms;
responses – when conducting customer surveys or when you provide feedback to us;
subscriptions – when you subscribe to our newsletter or any alerts;
promotions – when you enter a competition or promotion conducted by us;
recruitment – during our recruitment processes;
visits – when you visit us at our premises, we may record certain contact details so that we can comply with applicable laws, and we may also record your image and/or voice if we have surveillance systems operating at our premises;
services – in administering and performing any contracts with our service providers; and
otherwise – as otherwise required to manage our business.
Directly / indirectly – We will generally collect personal information directly from you, unless it is unreasonable or impracticable to do so, but from time to time we may also collect personal information from publicly available sources and third parties, such as recruitment agencies, credit checking agencies, your employers, suppliers and contractors, and our clients and business partners.
Sensitive information – To the extent that any additional obligations arising under the Australian Privacy Laws apply to our collection of your sensitive information, we also comply with those obligations, and we will only collect health information from you directly, unless it is not reasonable or practical do so.
What types of personal information do we collect?
Kinds – The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, and may include:
details – your name, billing address, phone number, email address and date of birth;
pictures – photographs or profile pictures you submit when you upload content or interact with us on our Platforms; and
responses – any survey responses you provide to us.
Employment – If you are applying for employment with us, personal information that is relevant to such employment.
Dealings – If we enter into contracts with you, transact with you through the Platforms or have any other commercial dealings with you, we may collect your financial details, including bank or credit card details for payment, billing information and your signature.
Electronic interactions – We may also collect personal information automatically about your interaction with and communications though our Platforms we make available to you, including usage data. Usage data may include information such as your Internet Protocol address (for example, internet protocol addresses (“IP addresses”)), browser type, browser version, the pages of our Platforms that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Mobile interactions – When you access our Platforms through a mobile device, we may collect certain information automatically, including the type of mobile device you use, your mobile device unique identifier, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use and other diagnostic data. We may also collect information that your mobile browser sends whenever you visit or access our Platforms using a mobile device.
Sensitive information – We do not generally collect sensitive information about you. If you do provide sensitive information to us for any reason, you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as otherwise permitted by the Australian Privacy Laws.
Other – In addition to the types of personal information identified above, we may also collect personal information as otherwise permitted or required by Australian Privacy Laws.
Non-provision – You may elect not to provide us with personal information. However, where you choose not to provide your personal information, we may not be able to provide you with the full range of goods or services.
How do we use your personal information?
General – In general, we only collect, use, hold and disclose your personal information where it is reasonably necessary for our business functions, activities or operations.
Specific – More specifically, your personal information may be used for purposes, including:
offer / provision – to offer and provide you with our goods and/or services;
communication – to communicate with you about our goods and/or services;
improvement – to improve our goods and/or services;
Platforms – to operate our Platforms, which allow users to connect with each other and (among other things) share information by direct messaging and post information to open forums on our Platforms;
channels – to develop, protect and improve our Platforms;
relationship – to consider you for a job or other relationship with us;
responses – to contact you in relation to customer surveys and feedback;
notifications – to provide notifications to you of special offers or promotions;
information – to provide our newsletter or any alerts;
winners – to contact winners of competitions or promotions conducted by us;
updating – to update database(s) and other records;
records – for internal record keeping purposes;
OH&S – to protect the security, health and safety of our premises, facilities, personnel or visitors;
identity – to confirm your identity;
compliance – to ensure compliance with our contractual and other legal obligations to you;
issues – to address any issues or complaints that we or you have in respect of our relationship; and
administration – to administer our relationship with you by responding to your enquiries and to contact you regarding the above, including by electronic messaging such as short message system (“SMS”) ‘texts’, by email, by mail, by phone or in any other lawful manner.
Other – We may also collect, use, hold and disclose your personal information for any purpose related to the purposes above that could be reasonably anticipated at the time your personal information was collected, or for other purposes to which you have consented (including as disclosed to you in an information collection statement at the point where we collect your personal information) and any other purpose required or authorised by law (including the Australian Privacy Laws).
Sensitive information – To the extent that our obligations under the Australian Privacy Laws in relation to our use of your sensitive information vary from our obligations with respect to use of your personal information that is not sensitive information, we will comply with the obligations applicable to sensitive information.
Who do we share your personal information with?
In the course of conducting our business and providing our goods and services to you, we may disclose your personal information to third parties if this is necessary. By submitting your personal information to us, you consent to us disclosing your personal information in connection with the purposes described in paragraph 4 above. This may include disclosing your personal information to the following third parties:
public – the public, if you advertise with us or post information to certain public parts of our Platforms;
counterparties – our clients, suppliers, contractors and organisations that we provide services to or which provide us with services;
advisers – our accountants, insurers, lawyers, auditors and other professional advisers;
permitted – any other third parties you have directed or permitted us to disclose your personal information;
acquirers – if we or our assets are acquired or considered for acquisition by a third party, that third party and its advisors; and
law – where disclosure is authorised, compelled or permitted by law.
Can you remain anonymous or use a pseudonym?
Identity – We will, if practicable, allow you to use a pseudonym or to not identify yourself, unless this is impractical or against the law (including the Australian Privacy Laws). However, actual names associated with third party payment methods will be collected during the billing process, if you pay for anything through our Platforms.
Restrictions – In some instances, if you do not provide us with your personal information, we may not be able to provide you with the relevant goods, services and/ or information. This may have an effect on whether we can begin or continue a relationship with you.
Do we disclose your personal information overseas?
Overseas – We may disclose your personal information to third parties located outside Australia, in order to assist us in providing goods and/or services to you.
Countries – We generally disclose your personal information to recipients located in the United States of America.
Service providers – We may also engage overseas service providers to provide services to us (like cloud storage services or other types of network or electronic systems) from time to time, which may not necessarily always involve a disclosure of your personal information to that overseas service provider.
Approval – By providing us with your personal information, you:
consent – consent to your personal information being used, stored and disclosed to overseas recipients for the purposes necessary to operate our business; and
acknowledgement – acknowledge that:
not bound – any such overseas recipients will not be required to comply with the Australian Privacy Laws; and
breaches – in the event that an overseas recipient breaches the Australian Privacy Laws, that entity will not be bound by, and you may not be able to seek redress under, the Australian Privacy Laws.
Is your personal information protected and secure?
Steps – We take all reasonable steps to keep your personal information secure and to ensure it is protected against misuse, loss, unauthorised access, modification or inappropriate disclosure.
Methods – We do this by:
technical – installing security and access requirements for our information technology (IT) systems, such as passwords, firewalls and virus scanning software;
policies – having document storage and destruction policies;
identity – only providing you with your personal information where we are satisfied as to your identity; and
encryption – encrypting data and other personal information during internet transactions (if any).
Storage – We may hold and store your personal information in both hard copy and electronic forms, and will take reasonable steps to store it in secure systems accessible only to authorised personnel.
End of use – If we no longer need your personal information for any valid purpose for which the information may be used or disclosed, or there is no need for it to be kept by law, it will be destroyed or permanently de-identified.
Comments – When you leave comments on our Platforms, we collect the data shown in the comments form, and also your IP address and browser user agent string to help with spam detection. The comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically, instead of holding them in a moderation queue.
Images – After approval of any comment you make on our Platforms, your profile picture will be visible to the public in the context of your comment.
Location data – If you upload images to our Platforms, you should avoid uploading images with embedded location data (‘EXIF GPS’ – exchangeable image file format, global positioning system) included. Visitors to our Platforms can download and extract any location data from images on our Platforms.
Security – The security of your personal information is important to us, but remember that no method of transmission over the internet, or method of electronic storage, is completely secure. Whilst we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.
Collection – We collect information in relation to employees as part of our recruitment process and during the course of employment.
Types – If you apply for a job with us, we may collect your personal information, which typically includes the information in your application or resumé, such as your name, address, contact details, employment details, referees, details and other information related to your career.
Third parties – We may obtain personal information about you from a third party (for example, nominated referees, professional bodies you claim to be affiliated with, educational institutions or other training organisations you claim to have qualifications from, and employment or recruitment consultants).
Requirements – Under Australian Privacy Laws, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship.
Use – We may use your personal information to provide you with information about goods and services, special offers and promotions, either from us or from third parties which we consider may be of interest to you, by email, phone or SMS, where you have consented to us doing so or it is otherwise permitted by law.
Opting out – You may ‘opt out’ at any time if you no longer wish to receive marketing information. You may make this request by contacting us, or by ‘unsubscribing’ from our marketing messages.
Platforms – Our Platforms use ‘cookie’ technology in order to provide information and services to Platform Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our Platforms.
Opt-in – If you leave a comment on our Platforms you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one (1)
Visiting – If you visit a login page on our Platforms, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
Login – When you login, we will also set up several cookies to save your login information and your screen display choices. Login cookies will last for two (2) days, and screen options cookies last for one (1) If you select “Remember Me”, your login cookies will persist for two (2) weeks. If you log out of your account, the login cookies will be removed.
Articles – If you edit or publish an article or other post on our Platforms, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post identity of the article you just edited. It will expire after one (1)
Nature – Cookies can be ‘persistent’ or ‘session’ cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your browser.
Refusal – If you do not wish to receive any cookies you can instruct your browser to refuse all cookies, or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some or all parts of, or take full advantage of the products and services available on, our Platforms.
Links and embedded content from other websites
How to access, correct or update your personal information
Steps – We take reasonable steps to ensure that your personal information we collect, use and disclose is accurate, complete and up-to-date.
Access – You may request access to your personal information that we hold about you and/or to make corrections to that information at any time.
Identity – To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections to your personal information.
Laws – We will provide access to your personal information in accordance with the Australian Privacy Laws, subject to certain exemptions which may apply.
Refusal – In circumstances where we refuse access, we will provide you with a written notice stating our reasons for refusing access.
Costs – We may seek to recover reasonable costs we may incur for providing you with access to your personal information we hold about you.
Method – You can make a request to access or make a correction to your personal information by contacting us (see section 16 below).
Response – We will endeavour to respond to any request for access to or correction of your personal information within a reasonable time.
What to do if you have a privacy complaint or concern
Details – When contacting us, please provide full details of your question, concern or complaint.
Investigation / resolution – We take all complaints very seriously and we will take steps to investigate and resolve complaints within a reasonable period.
Further information – Please note, we may require further information from you in order to investigate and resolve any complaints.
Time – If we need more time, we will notify you about the reasons for the delay and seek to agree a longer period with you. (If you do not agree, we may not be able to resolve your complaint.)
OAIC – If we cannot resolve your complaint or you dissatisfied with the handling of your complaint, you may contact:
Office of the Australian Information Commissioner Address: GPO Box 5218, Sydney NSW 2001 Telephone: 1300 363 992 Email: firstname.lastname@example.org Website: www.oaic.gov.au.