These Terms and Conditions (T&C) govern the relationship between Might Win MX (MWMX) and you, including the use of its website. We may vary the T&C from time to time, without notice to you. Those changes will be released via the website and will be binding upon all users at the time of publication to the website. Continued dealings with KIR shall constitute deemed acceptance of the T&C, as amended from time to time.
The T&C create a legally binding agreement between MWMX and the user/purchaser. In all applicable circumstances, you irrevocably waive any rights you may have to appeal, review, or otherwise oppose any determinations or actions of MWMX in relation to the website or other related matters.
Website Conditions
By using the website, you irrevocably agree:
1. To comply with the T&C and any policies published by MWMX from time to time.
Intellectual Property Rights
1. Not to copy, use, communicate to the public, or transmit the content of this website without the prior written consent of MWMX, including logos and images, unless such use is a fair dealing under the Copyright Act 1968.
2. The text, data and metadata of the website is owned by MWMX. You agree not to copy, download for use, reverse engineer or otherwise attempt to capture the design, data, metadata, operation, system or processes used on the MWMX website.
3. To contact MWMX if you would like permission to reproduce any of the website content. When any website content is reproduced or reposted, it must be attributed to MWMX.
Use of Website
1. Not to do anything that may disrupt the use of its website or any other third party software, devices, services or other things necessary to the operation of the MWMX website.
Code of Conduct
1. To engage with MWMX and any other parties using or viewing the website in a polite and respectful manner. If you choose to use offensive, discriminatory, illegal, homophobic, racist, hate speech, or otherwise unacceptable language, actions, or other communications, MWMX may, in its absolute discretion, serve you with a warning notice and/or deactivate, delete or suspend your membership and access to the website for any period or indefinitely, at its discretion. MWMX reserves the right to report any illegal or unlawful activity concerning the website to the appropriate authorities.
2. To ensure that any information provided by you to MWMX is accurate, truthful, not misleading, not deceptive or otherwise incorrect.
3. Not to do anything or hold yourself out to be related in some way to MWMX without its consent.
Contact
1. MWMX may contact you by any contact details you provide to MWMX, including email, SMS, telephone, at its discretion, for any reason determined by MWMX, including, but not limited to marketing of its goods and services, the website or affiliate/advertiser content.
Advertising
1. To advertisement content being published on the website and such content being broadcast to you, without further consent required, during your use of the website. Any advertisement content will consist of third party links to external sources. MWMX does not warrant the content of advertising content, whether available on the website or otherwise. You should satisfy yourself as to the veracity of any third party websites and any offers they may make; MWMX shall bear no liability in relation to such matters.
Marketing
1. To consent to MWMX using your personal information for MWMX’s own purposes, including marketing of the website.
2. To the use of cookies to track your usage of the website.
Lawful Use
1. That you shall conform with all relevant laws in respect of your use of the website.
Disclaimer
1. MWMX does not guarantee that:
1.1 The website will be secure or available at any particular time or location;
1.2 Any defects or errors in the website will be corrected;
1.3 The website will be free of viruses or other harmful materials.
2. You acknowledge that you use the MWMX website solely at your own risk.
Termination of Website
1. That MWMX may delete specific content or cease operation of the website at any time without prior notice and without a reason.
2. MWMX is not liable for any loss, damage or other consequences suffered by you as a result of MWMX ceasing operation of the website.
Membership credentials
1. You agree that should you share your membership or login details with any other person, that person is subject to these T&C. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise, from the unlawful use of the website by a party you have provided with access to your account.
2. You agree to secure your password. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise from the authorised or unauthorised use of your account by any other party, regardless of whether access to your account has been facilitated as a result of failing to secure your password to the website, or any other third party website, or through other means or actions by a third party which compromises your account.
3. You agree that you shall keep your membership and contact details up to date at all times through the MWMX website.
Sale of goods and services
Binding Contract
1. Submitting an order for goods or services through the MWMX website creates a legally binding contract between the purchaser and MWMX, on the terms of these T&C.
2. Payment must be made in full at the time of placing an order through the MWMX website. Orders are not complete until payment is made.
3. Once goods ordered through the MWMX website are paid for, an order for goods or services may not be cancelled by the purchaser.
4. Prices shown on the MWMX website are current as at the time an order is place and paid, however, MWMX may change prices from time to time without notice.
5. To the best of MWMX’s ability, the goods and services offered on the MWMX website are available for purchase. In the event that a good or service is determined not to be available after a purchase is made, MWMX shall promptly advise the purchaser and issue a refund.
6. MWMX reserves the right to decline an order made through the MWMX website at its discretion for any reason.
7. Prices stated on the MWMX website are GST inclusive.
Postage
1. The purchaser is responsible for providing the correct postal address at the time of placing the order on the MWMX website. MWMX ships goods strictly in accordance with the details provided at the time of the purchaser submitting an order through the MWMX website. MWMX takes no responsibility or liability for incorrect postal address details provided by a purchaser.
2. The costs of postage and handling are in addition to the published prices of goods and services. Postage will be calculated at the time of checkout and placing of the order.
Risk
1. MWMX has the right to arrange for delivery of goods and services in one or more shipments.
2. Risk of goods passes to the purchaser upon MWMX placing the goods with the relevant postal/shipping provider.
3. Loss/damage of goods during transit is at the risk of the purchaser and MWMX is not obligated to provide replacement goods in the event of loss or damage by the relevant postal/shipping provider.
Payment Providers
1. Payments for goods and services through the website must be made using the payment providers specified by MWMX.
2. All payments made through the MWMX website are subject to the terms and conditions of the payment providers.
3. The Supplier shall not be liable for any loss or damage suffered by the Customer in respect of the Customer’s use of payment providers.
Events
1. Tickets to events are subject to events proceeding as scheduled, without delay, interruption or changes.
2. In the event that an event cannot proceed as scheduled and planned, MWMX reserves the right to either, at the absolute discretion of MWMX:
2.1 Cancel the event and issue a full refund to the purchaser;
2.2 Reschedule the event on similar terms/conditions and endorse the purchaser’s ticket for use at the rescheduled event; or
2.3 Issue the purchaser with a credit for the ticket.
2.4 In the event that an event has commenced and due to circumstances beyond our control including but not limited to extreme weather, heavy rainfall or storm causes the event to be temporarily suspended or cancelled MWMX will determine if customers/spectators are eligible for any refund, credit, discount/s if any. MWMX has sole discretion and will assess each event and entitlement on a case by case basis. Any information relating to event refunds, credits, discounts or similar will be communicated via email to the email address provided on the ticket purchase.
3. MWMX accepts no liability for damage, injury, loss, harm, or other detriment to attendees at MWMX events. The purchaser of tickets and attendees attend MWMX events at their own risk and by attending such events agree to assume this risk.
4. The purchaser (and its heirs, executors and representatives) of tickets for MWMX events agrees to fully indemnify MWMX against any claim, loss, award or other financial detriment suffered by MWMX as a result of MWMX being held liable for damage, injury, loss, harm to the purchaser or to an attendee who the purchaser provided a ticket to a MWMX event or purchased a ticket on behalf of arising from a MWMX event.
Trade Promotions
1. Trade Promotions are subject to these T&C, MWMX’s Trade Promotion Prize Draws Conditions, and any applicable laws.
2. There are no refunds or replacements applicable to goods/merchandise purchased in conjunction with the entry to MWMX Trade Promotions.
3. Failure to win a MWMX Trade Promotion does not constitute a failure by MWMX to supply goods/services/merchandise under contract law or Australian Consumer Law.
4. The Purchaser agrees that it shall not seek to reverse a payment transaction, or claim compensation, or cause detriment to MWMX or otherwise approach a payment provider (such as Paypal) for refund of payment for goods/merchandise/services related to a MWMX Trade Promotion alleging that MWMX failed to supply goods/merchandise/services solely due to the Purchaser not being successful in the Trade Promotion.
5. The Purchaser agrees to indemnity MWMX in respect of any costs, loss or damage caused to MWMX as a result of the Purchaser failing to comply with Clauses 40-43, including indirect costs, loss or damage.
Consumer guarantees and refunds
Refunds generally
1. If a good is not of acceptable quality, not fit for purpose, or does not match the representations on the MWMX website, please contact MWMX to discuss your options.
2. MWMX does not offer refunds for change of mind.
3. Delivery of goods may be delayed due to COVID-19 and associated restrictions.
4. If we are not able to supply you with a good you have purchased due to COVID-19 or any associated restrictions, we will provide you with a refund of the purchase price.
5. When refunding, the refund will be sent to the same card or account that the funds were received from.
Australian Consumer Law
1. Many of MWMX’s goods and services come with a guarantee or warranty from the manufacturer or supplier. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law.
2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
3. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at http://www.consumerlaw.gov.au.
4. Where MWMX is not permitted to exclude, restrict, or modify its liability for a breach of a condition or warranty that is implied by any statute or applicable laws but is permitted to limit its liability for the breach of such condition or warranty, MWMXs liability is limited to any one of the following as determined by MWMX in its absolute discretion
4.1 in the case of goods supplied, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacement of the goods or of acquiring equivalent goods, or for the payment of the cost of having the goods repaired; and
4.2 in the case of services provided, the supply of the services again, or the payment of the cost of having the services supplied again.
5. The purchaser acknowledges that all goods are sold subject to the manufacturer’s trading terms and conditions and any warranty of the manufacturer.
6. Subject always to Clauses 50-54, all conditions, warranties and guarantees other than those expressly provided for in these T&C are excluded to the fullest extent permitted by law and MWMX will not be liable to the purchaser for any loss caused (in whole or in part) by or arising out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods.
Damages
1. To the fullest extent permitted by law, MWMX shall not be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the website, these T&C and the relationship between you and MWMX. In no event shall MWMX’s aggregate liability for any damages exceed the greater of $10.00 or the amount you paid MWMX in the past 12 months.
2. In any event, MWMX shall not be responsible for, or liable for, loss of opportunity or any losses associated with the loss of opportunity to participate in a trade promotions, competition or other game of skill/chance.
Jurisdiction
1. These T&C are subject to the laws of the State of Victoria, Australia and each party submits to the authority of such Courts.
2. If a provision of these T&C is held invalid or unenforceable by any Court such determination and consequential severance (if any) shall not invalidate the rest of these T&C, which shall remain in full force and effect as if such terms and provisions had not been made a part of it.
