Terms Of Use

Welcome

Welcome to the Dual Sport Motorcycle Riders Association website.

This website(s) is owned, controlled and/or operated by the DSMRA with third party input as necessary. This website includes dsmra.asn.au and may include associated DSMRA network sites, and may be available via other addresses or channels.

Definitions

  1. Site - this website is referred to herein as the DSMRA website, website or just Site.
  2. Terms - the general terms and conditions together with such Additional Terms where applicable, are referred within this document to as the Terms of Use, or just Terms.
  3. Additional Terms - this document contains the general terms and conditions pertaining to the use of this website(s). Additional terms and conditions governing use as well as notices and disclaimers may apply to specific/other areas of the Site or to particular features or transactions, are referred to as Additional Terms.
    1. Agreement to these Additional Terms will be required to proceed with the transaction where they appear.
  4. Content - all of the content featured or displayed on the Site including, but not limited to, information, text, material, graphics, logos, photographs, audio and video material and stills from audiovisual material, software and advertisements referred to herein as Content.
  5. Implied Terms – over and above these Terms, should any terms imposed by any Government legislation or regulation give the user a particular remedy against DSMRA then those become Implied Terms and will be deemed as included within these Terms of Use.
  6. User – a person interacting with the Site; i.e. You.

Consent

DSMRA grants the user a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

By accessing and/or using this Site, you, the user, agree to these Terms of Use and our Privacy Policy and Privacy Procedure  

Please read these Terms carefully and immediately cease using the Site if you do not accept them.

 

Variations

DSMRA may, at any time and at DSMRA’s discretion, vary these Terms by publishing the revised Terms on the Site. DSMRA recommend the user check the Site regularly to ensure they are aware of the current Terms.

Materials and information on this Site; i.e. Content, are subject to change without notice. We do not undertake to keep our Site up to date and will not be liable if any Content is inaccurate or out-of-date.

Intellectual Property Rights
Strictly on the condition that the user keeps all Content intact and in the same form as presented on the Site including without limitation all copyright, trademark and other proprietary notices and all advertisements, the user may ONLY download and/or view the Content for their personal, non-commercial use.

Site Content is owned or licensed by DSMRA and related entities of DSMRA or other third parties and is protected by Australian and international copyright and trademark laws. 


Apart from any use noted above, and that may be permitted under the Commonwealth Copyright Act (1968), the user must NOT modify, copy, reproduce, duplicate, republish, disseminate, frame, upload to a third party, post, transmit or distribute by way of hardcopy, email, facsimile or other electronic means, translate, adapt, alter, decompile, disassemble, reverse engineer or create any derivative work of the Content in any way except as may be expressly provided for on the relevant DSMRA Website, or expressly authorised in writing by DSMRA.

Advice and Information

Site content, considered advice and information, may or may not be comprehensive and is intended for general information purposes only.  DSMRA does not and cannot take into account a user’s specific needs, objectives or circumstances.  While we make reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Commissions
You, the user, acknowledge and agree that DSMRA may receive a commission or fee from a third party, including the operator of the Site or an advertiser on a DSMRA website, in relation to revenue earned by that third party from use of the Site including any purchases made or initiated through the Site.

 

Discontinuance

DSMRA may, at any time and without notice to the users, discontinue, in whole or in part, the Site. DSMRA may also exclude any person from using the Site, at any time and at its sole discretion. DSMRA is not responsible for any liability suffered arising from or in connection with any such discontinuance or exclusion.

Warranties and Disclaimers

You, the user read and/or use and/or transact on this Site and its Content at the user’s own risk.

To the maximum extent permitted by law, DSMRA makes no representations or warranties about its Site or Content, including without limitation that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose,
  2. access will be uninterrupted, error-free or free from viruses,
  3. the Site will be secure.

DSMRA's liability for any breach of an Implied Term will be limited, to the extent permitted by law, at DSMRA's option, to the following:

  1. In the case of services supplied or offered through the Site, the resupply of the service(s), or the payment of the cost of having service(s) supplied again, or 
  2. In the case of goods supplied or offered through the Site, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

DSMRA is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.

DSMRA is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with, or arising from, use of or, inability to use, the Site.

 

Third Party Sites

The Site may contain links to websites operated by third parties. Unless expressly stated otherwise, DSMRA does not control, endorse or approve, and are not responsible for, the content on those websites.  Users should make their own investigations with respect to the suitability of those websites. 

Advertising and E-commerce Offers

  1. The Site may contain third party advertisements, including banner ads and full page advertisements, which contain embedded links, or which include referral buttons to websites operated by third parties or their licensees or contractors.
  2. Some external third party websites may be co-branded by DSMRA, displayed within the DSMRA frames, include Content or include reciprocal links to the Site. These features are provided for the user’s convenience. If the user uses any such embedded links or referral buttons, they take sole responsibility for the use of the linked entity. 
  3. All third party advertising, including referral buttons and embedded links, is paid for by the relevant third party and do not constitute recommendations or endorsements by the DSMRA. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
  4. In some instances, the advertisement will contain representations or offers by the third party advertiser which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by DSMRA, and the third party advertiser is solely responsible to the user for the delivery of any goods or services they purchase on the third party website.
  5. Any product information or prices listed which are not specifically related to DSMRA products or services are the responsibility of the relevant provider and are accurate at the time the provider notifies DSMRA. Such product information and prices are subject to change without notice by the provider.

DSMRA is not liable, and accordingly takes no responsibility, for the product information or prices or for changes to such information or prices, including where price changes have not been reflected on these websites.

Indemnity
To the maximum extent permitted by law, the user must indemnify DSMRA, and hold DSMRA harmless, against any liability suffered or incurred by DSMRA arising from or in connection with the use of the Site or any breach of these Terms or any applicable laws by the user. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for DSMRA to suffer or incur any Liability before enforcing a right of indemnity under these Terms.      

 

Termination
The Terms of Use are effective until terminated by DSMRA. DSMRA may terminate this agreement and a user’s access to the Site at any time without notice. In the event of termination, the user is no longer authorised to access the Site, but all restrictions imposed on the user, licenses and waivers granted by the user and all DSMRA disclaimers and limitations of liability set out in these Terms of Use as amended will survive.

 

Disputes

In the event of any dispute arising from, or in connection with, these Terms, the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution.

Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers or executive committee members, who have the authority to reach a resolution on behalf of the party, liaise at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. 

All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party by notice in writing to the other party to litigation.

 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision, in whole or in part, that provision, or that part of that provision, is severed from these Terms without affecting the validity or enforceability of the remainder of that provision, or the other provisions in these Terms.

 

Jurisdiction
These Terms of Use are governed by the laws in force in the State of New South Wales, Australia and the user agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the DSMRA.

This Site may be accessed throughout Australia and overseas.  DSMRA makes no representation that our Site complies with the laws, including intellectual property laws, of any country outside Australia.  If a user accesses the Site from outside Australia, they do so at their own risk and are responsible for complying with the laws of the jurisdiction from where they access this Site.

In Summary

Use of and access to the Site is conditional upon the user’s acceptance of and compliance with these Terms of Use and on the user complying with all applicable laws of the Commonwealth of Australia, including its States and Territories. Use of and/or continued use of the Site will make these Terms a binding contract between the user and DSMRA.

By using parts of the Site where Additional Terms are posted, the user expresses their agreement to be bound by those Additional Terms. If the user does not wish to be bound by these general terms and conditions they must not use the Site. If a user does not wish to be bound by any Additional Terms applicable to particular aspects of the Site, they must not use those aspects.

If you, the user, are unsure of your rights under these Terms of Use, contact DSMRA by email via This email address is being protected from spambots. You need JavaScript enabled to view it.