GENERAL TERMS & CONDITIONS
1. INTRODUCTION & THE PROMOTION
These Terms & Conditions should be reviewed alongside the Promotion Details provided above. Capitalised terms used herein carry the meanings defined in the Promotion Details.
These Terms & Conditions govern the Promotion run by the Promoter. By entering the Promotion, you agree to abide by these Terms & Conditions, forming a legally binding contract between you and the Promoter.
If applicable, the Permit Numbers listed in Item 11 of the Promotion Details pertain to this Promotion.
The Promoter’s decisions regarding all aspects of the Promotion are final, and no discussions or correspondence will be entertained.
All entries to the Promotion (“Entry”) must adhere to these Terms & Conditions, with each Entry having an equal opportunity to win the Prize.
Your Entry must be submitted:
Within the Promotional Period outlined in Item 4 of the Promotion Details;
Following the Entry Requirements & Instructions detailed in Item 6 of the Promotion Details; and
In compliance with the Entry Conditions specified in Item 7 of the Promotion Details.
An Entry is considered received only when it reaches the Promoter.
By submitting an Entry, you confirm that you are an Eligible Entrant as described in Item 5 of the Promotion Details. Failure to meet eligibility criteria may lead to disqualification, and the Promoter reserves all rights in such cases. Due to permit restrictions, South Australia (SA) and the Australian Capital Territory (ACT) are excluded from trade promotions.
You bear full responsibility for your Entry, including any costs related to participation or internet connectivity.
Unless otherwise specified, the Promoter owns all intellectual property associated with the Promotion, including your Entry, except for your personal information.
To participate in this competition, you must purchase a membership subscription or a one-time package, granting access to MWMX products including the MWMX Motocross Coaching App. The packages include:
ENTRY: MWMX training program
BRONZE: 5 days app access, training program’s access
SILVER: 15 days app access, training program’s access
GOLD: 30 days app access, training program’s access
PLATINUM: 50 days app access, training program’s access
DIAMOND: 100 days app access, training program’s access
The Prize must be accepted as presented and redeemed per Item 10 of the Promotion Details. If unclaimed, the Prize will be forfeited, and the Promoter is not responsible for providing a replacement or alternative Prize.
Additional terms and conditions, as set by the Prize supplier or Promoter, may apply to the Prize.
Unless stated otherwise, the Prize cannot be sold, transferred, swapped, redeemed for cash, or used for promotional or commercial purposes.
The Total Prize Value in Item 3 of the Promotion Details is accurate as of the drafting of these Terms & Conditions and includes any applicable GST.
The Promoter is not liable for changes to the Prize. If a Prize (or part thereof) is unavailable, the Promoter may substitute it with an equivalent or higher-value prize, subject to regulatory approval, and you agree to accept the substitute in writing.
To the extent allowed by law, the Promoter is not accountable for any failure to deliver the Prize or a substitute Prize under Clause 3.5.
The Promoter is not responsible for disputes between a Winner and anyone they choose to share the Prize with.
The Promoter does not cover tax obligations. The Winner is solely responsible for any taxes related to the Prize and should seek independent financial advice as necessary.
4. DRAW & RESERVE WINNERS
The Prize Draw will be conducted as per Item 8 of the Promotion Details, with the Winner chosen randomly.
The Winner will be informed according to Item 9 of the Promotion Details.
The Promoter may select additional reserve Entry Winners during the Draw, recorded in order (“Reserve Winner”).
4.
If:
A Winner is found ineligible;
The Promoter cannot locate the Winner after reasonable attempts; or
A Winner forfeits the Prize under Clause 3.1, the Prize may be awarded to a Reserve Winner.
4. No individual may win a major promotion prize valued over $10,000.00 more than three (3) times within any 12-month period. This limit applies across all promotions offered by [Company Name]. Winners exceeding this limit will be ineligible for additional major promotion prizes until the 12-month period has elapsed.
5. PARTICIPANT CONDUCT & BREACH
You must not:
Interfere with any aspect of the Promotion;
Engage in actions that could undermine the Promotion’s fairness, such as using automated entries or aliases;
Behave in a disruptive, offensive, threatening, or harassing manner; or
Act in a way that could harm the reputation of the Promoter, its partners, suppliers, or associated entities.
The Promoter may request documentation at any time to verify your Entry’s validity, including your identity, age, and residence.
Breaching these Terms & Conditions or those of the Promoter’s partners may result in Prize withdrawal or disqualification, without liability to the Promoter or its partners.
The Promoter and its partners retain all rights concerning breaches of these Terms & Conditions.
6. PERSONAL INFORMATION AND PROMOTIONS & MEDIA
The Promoter collects your personal information for the Promotion to:
Administer the Promotion, which may involve sharing your details with Prize suppliers or partners;
Send you monthly subscription updates, which you may opt out of at any time; and
Promote the Promoter or the Promotion as outlined in Clause 6.2.
The Winner agrees to take part in promotional activities and permits the use of their name and image for Promotion-related purposes without additional compensation.
By participating, you consent to the Promoter storing and using your personal information per its Privacy Policy, accessible on the Promoter’s website.
Refer to the Privacy Policy for details on accessing, correcting, or complaining about the handling of your personal information.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Promoter is not liable for any injury, death, loss, or damage to persons or property, whether direct or indirect, arising from participation in the Promotion or the acceptance, possession, misuse, or use of any Prize.
Without limiting Clause 7.1, the Promoter, its partners, Prize suppliers, or related entities are not responsible for incorrect or ineligible Entries, unclaimed Prizes, damaged or delayed Prize deliveries, or undelivered correspondence.
If the Promotion cannot proceed due to circumstances beyond the Promoter’s control (e.g., technical failures, tampering, or fraud), the Promoter may cancel, modify, suspend, or terminate the Promotion or disqualify affected Entries, subject to any required regulatory approval.
These Terms & Conditions do not limit, exclude, or alter consumer rights under any applicable laws, including the Competition and Consumer Act 2010 (Cth).
By entering the Promotion, you agree that any disputes related to the Promotion or these Terms & Conditions fall under the jurisdiction of the Victorian Courts in Australia.
A portion of the Promotion’s profits will be donated to various clubs and riders within the Australian motorcycle industry.
WEBSITE TERMS & CONDITIONS
Unless the context indicates otherwise, the following terms apply in these Terms and Conditions:
“Seller” means MWMX (ABN 82 967140124).
“Customer” means the individual(s) or entity ordering Products from the Seller, including anyone acting on the Customer’s behalf with their authority.
“Price” means the amount the Customer must pay the Seller for the Products.
“Products” means goods or services provided by the Seller to the Customer, including services like advice or recommendations, as described in invoices, quotations, work authorisations, or other forms issued by the Seller.
“Terms and Conditions” means the terms of sale outlined in this document.
By placing an order for Products or accepting delivery of Products from the Seller, the Customer agrees to be bound by these Terms and Conditions.
All prices on this website are in Australian dollars and may change without prior notice. The Seller may adjust prices, product offerings, availability, policies, or terms at its discretion.
Accepted payment methods include Credit/Debit Card and PayPal, processed securely through third-party providers: PayPal for card payments and PayPal for PayPal transactions. Only Visa and MasterCard are accepted for Credit/Debit Card payments.
The Seller may, at its discretion, approve cancellations of a Customer’s membership package. To request a refund, the Customer must submit a cancellation/refund request.
The Seller will inform the Customer of the request’s outcome and process any applicable refunds. The Seller’s complete returns and refunds policy is available [insert link or note if no link exists].
All website content, information, graphics, and design are owned by the Seller and may not be used or reproduced without the Seller’s permission.
The Customer acknowledges that they purchase Products based on their own judgement and expertise.
Any guidance, advice, or information provided by the Seller about the Products or their use is given in good faith and believed to be reliable, but the Seller bears no liability for such advice.
The Seller is not responsible for issues arising from improper care or failure to follow care instructions for Products.
As required by common law and applicable laws, the Seller’s liability is limited to personal injury or property damage caused by its negligence in supplying Products.
If the Seller breaches these Terms & Conditions, the Customer’s remedies are limited to damages not exceeding the Price of the Products.
The Seller is not liable for any indirect losses or expenses, including lost profits, incurred by the Customer.
These Terms and Conditions do not override any mandatory provisions of state or federal laws, including the Australian Consumer Law, except where permitted. If any provision is found to be invalid, void, illegal, or unenforceable, the remaining provisions will remain valid and enforceable.
These Terms and Conditions are governed by Victorian law. The Seller and Customer submit to the exclusive jurisdiction of Victorian courts.
The Seller’s failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or affect its right to enforce it later.
If these Terms and Conditions conflict with a written quotation, work authorisation, or other form provided by the Seller to the Customer, the terms of the quotation, work authorisation, or form will take precedence to the extent of the inconsistency.
These Terms and Conditions, along with any application, written quotation, work authorisation, or other form from the Seller, constitute the entire agreement between the Seller and the Customer. Any verbal discussions, representations, or statements not confirmed in writing by the Seller are excluded and have no legal effect or influence on the order or contract.
These Terms and Conditions replace all prior terms of trade issued by the Seller.
The Seller may revise these Terms and Conditions at any time. Changes take effect when the Seller notifies the Customer.
The Customer’s acceptance of changes is shown by written acknowledgement or by placing further Product orders after receiving notice of the changes, without requiring additional formal acceptance.