Website terms and conditions
See our Competitions page for all terms and conditions relating to competitions.
See our Promotions and Offers page for all terms and conditions relating to promotions and offers.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to make purchases on this website, or have permission and supervision from your parent/guardian. By using this website you warrant and represent that you are at least 18 years of age or have permission and supervision from your parent/guardian.
License to use website
Unless otherwise stated, Fox Racing Australia(hereafter referred to as "Fox", "we", "our", "us") and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website, other than submitting reviews or contact forms; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Personal and Non Commercial Use Only
Data and valuations on this website are provided for your personal and non-commercial use only. You must not, without the written approval of the Website owner:
• modify, copy, distribute, transmit, display, perform, reproduce, publish or license any data and valuations from this website;
• use or attempt to use any data and valuations published on this website to create any web site or publication;
• mirror or frame any data and valuations published within this website;
• use any automated process of any sort to query, access or copy any data and valuations on this website or generate or compile any document or database based on the data and valuations published on this website; or
• transfer or sell any data and valuations offered on this website;
The website owner may terminate your right to access and use this website at any time.”
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
Access to certain areas of this website is restricted. Fox Racing Australia reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Fox Racing Australia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fox Racing Australia the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fox Racing Australia or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Fox Racing Australia makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Fox Racing Australia does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading, other than as required by consumer law
Nothing on this website, nor in response to queries submitted to this website, constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. Any financial comments are of general nature only and do not take into account your personal circumstances or needs.
Limitations of liability
Fox Racing Australia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Fox Racing Australia has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Fox Racing Australia' liability in respect of any matter which it would be illegal or unlawful for Fox Racing Australia to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Fox Racing Australia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Fox Racing Australia.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Fox Racing Australia and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Fox Racing Australia' other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our Online Shopping Terms constitute the entire agreement between you and Fox Racing Australia in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Law in Victoria, Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria Australia.
Fox Racing Australia' details
The full name of Fox Racing Australia is Fox Racing Australia.
Fox Racing Australia is registered in Australia under registration number ABN 85 625 136 272.