Website Terms and Conditions

1. Acceptance of Terms and Conditions

1.1. Mantra Motorsport (“Company,” “we,” “us” and “our”) offers you access to its interactive online websites, applications and services. These Terms and Conditions (“Terms”), and any additional terms that may apply to certain products or services, govern your use of our website (“Website”), products or services (together, our “Services”). Our Services include www.mantramotorsport.com.au and all other locations on which we place or reference these Terms.

1.2. Please read these Terms carefully before using our Website or Services. By accessing our Website or using any of our Services, you are agreeing to comply with these terms, which may change from time to time. If you do not agree to be bound by these Terms, do not use our Services.

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2. Intellectual Property

2.1. Our Website, Services and associated content including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, downloads, and interactive features included with or available through our Services and all intellectual property rights to the same, are owned by us, our licensors, affiliates or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms are expressly reserved.

2.2. All of our registered trademarks, all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our licensors or affiliates. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under this Section (Clause 2). Other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are used by us under licence.

2.3. Unless stated otherwise, the Service Content is presented only for the purposes of promoting our Services, and providing information in relation to our Services to the general public. Material from this Website must not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

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3. Access and Use

3.1. Except as expressly permitted in these Terms, you may not:

a) remove, alter, cover, or distort any copyright, trademark or other proprietary rights notice we include in or through our Services or Service Content;
b) attempt to or interfere with the proper working of our Services or impair, overburden or disable the same;
c) decompile, reverse engineer or disassemble any portion of our software or other Service Content, or our Services; or
d) encourage conduct that violates any local, state or federal law, either civil or criminal.

3.2. You understand and agree that your use of the Services or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous or prohibited by law. You are solely responsible for exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

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4. User Registration

4.1. In order to access or use some features of our Services (online ordering, etc.) You may have to become a registered user. If you are under the age of 15, you are not permitted to register as a user or otherwise provide us with any personal information.

4.2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether you have authorised the activity, and any consequences that follow. You agree to contact us immediately if you become aware of any breach of security or unauthorised use of your Account.

4.3. You may not have more than one active membership account with us at one time, whether it is by reason of change of name, email or address. However, you may update or terminate your membership account at any time. If this condition is breached, you may become ineligible for any upcoming benefits or promotions as set out by the Website.

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5. User Content

5.1. We may, now or in the future, permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). You keep all rights, titles and interests in your User Content, but you grant us a licence to use it. We do not promise to keep your User Content confidential, and you are responsible for protecting your intellectual property rights in it.

5.2. By submitting User Content to us, you automatically grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, for our business. We may use any format, media or technology now known or later developed for as long as any copyright exists in your User Content.

5.3. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts and third-party service providers.

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6. Promotions and Conditions

We reserve the right to set conditions for all promotions and specials on the Website. Promotions and specials are subject to change depending on the nature of the promotion and will not be eligible once the prescribed period has passed.

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7. Links To and From Website

7.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The provision of such links should not be interpreted as approval or endorsement by us of those websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third-party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

7.2. Whilst we do take all reasonable steps to make sure that the information on this Website is up to date and accurate at all times, we do not guarantee that all material is accurate and/or up to date.

7.3. Any party wishing to link to this Website is entitled to do so provided that the conditions below are observed:

a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
b) you do not misrepresent your relationship with us or this Website; and
c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

7.4. By linking to this website in breach of the above clause, you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

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8. Limitation of Liability

8.1. To the maximum extent permitted by law, in no event will we, or our affiliates, licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites, or any Services or Service Content obtained through our Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.2. You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your use of any information obtained from the Website and any use of the Website and Services other than as expressly authorised in these Terms.

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9. Service Content

9.1. You acknowledge that Service Content contained on this Website, including but not limited to videos, photos, user guides and written guidance and information, may depict activities undertaken by qualified and highly trained professionals and/or experts.

9.2. You agree not to attempt to replicate any activities shown on this Website unless you have:

a) checked the service information and specification for the specific product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown on this Website;
b) obtained advice from the relevant qualified experts, tradespeople and/or professionals;
c) complied with all applicable laws, regulations and by-laws; and
d) employed safe practices for carrying out the activities.

9.3. Subject to applicable laws, we do not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this Service Content.

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10. Governing Law

The above Terms are governed by the laws of New South Wales, Australia. In the event of a legal dispute relating to this Website, this Website’s Terms or a Services Waiver, the New South Wales courts will have exclusive jurisdiction.