Website Terms of Use
Last updated 1 July 2024
The website motostacker.com is operated by Moto Stacker Pty Ltd ABN 77 644 940 385 (“Moto Stacker”).
These Terms of Use (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Moto Stacker in relation to your use of this website and the supply of products ordered via the website (if applicable). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. By ordering products from this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and the associated Terms and Conditions of Supply (motostacker.com/terms & conditions). Moto Stacker may alter these Terms from time to time by posting the altered version on this website. By continuing to use this website, you accept the Terms current at the relevant time you access and use it.
1. Pricing and product description errors
If a product inadvertently appears on this website at the wrong price or with a wrong description, Moto Stacker may decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and an invoice paid. If this occurs, we will notify you at the earliest opportunity.
2. Product availability
All products are offered for sale subject to available stock.
3. Special offers
Moto Stacker may from time to time provide special offers in relation to our products. At any time, Moto Stacker may withdraw any special offer without advance notice. If withdrawn, a special offer will continue to apply to products ordered by you in accordance with these Terms before the date the special offer was withdrawn.
4. Information on the website
Information on this website may change from time to time. Moto Stacker does not warrant that the information on this website is correct, current, or complete. This website may contain technical inaccuracies or typographical errors. Moto Stacker assumes no responsibility for updating this website to keep information current or to ensure the accuracy or completeness of any posted information. You should rely on your own enquiries before making any decision related to any products described on this website.
5. Indemnity
You agree to indemnify, defend, and hold Moto Stacker, its officers, directors, employees, agents, contractors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any breach of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by Moto Stacker.
6. Intellectual property
All material and content displayed on or comprised by the website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by Moto Stacker. Brands, names, images and logos displayed on the website may be the subject of registered or unregistered trademarks. You may access, display, download and print portions of the website only for your own private non-commercial use and to order products via the website. This permission does not authorise you to modify the content of this website. Any other use of material on the website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
7. Third-party material
The website may occasionally provide links or references to third party websites (Linked Sites) or display material sourced from a third-party (including a product supplier or consumer) (Third-Party Material). Moto Stacker is not responsible for and does not endorse the content of Linked Sites or Third-Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third-Party Material, or for any goods or services offered via Linked Sites. Moto Stacker does not warrant or represent the accuracy, utility or any other characteristic of Third-Party Material or information or content appearing on Linked Sites. Moto Stacker is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
8. Privacy
Your privacy is important to Moto Stacker. By providing your details to Moto Stacker via the website, you consent to Moto Stacker maintaining, recording, holding and using that information to process its orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.
9. Entire Agreement
These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
10. Applicable Law
These Terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales for the resolution of any disputes.