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Legal

Terms and Conditions

Phillip Island Auto Racing Club Ltd (PIARC) - Effective 1 May 2025

Last reviewed: April 2025

PLEASE READ THESE TERMS CAREFULLY. By accessing or using piarc.com.au or the PIARC mobile apps, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or apps.

1. About These Terms

Scope

Item

Website

Description

The PIARC website located at piarc.com.au

Item

App

Description

The PIARC mobile application available on iOS and Android

Item

Services

Description

Any other digital services, content, or tools provided by PIARC

Parties

User

you / User

Organisation

Phillip Island Auto Racing Club Ltd (PIARC / we / us / our)

Organisation Type

Not-for-profit incorporated association

Organisation Location

Victoria, Australia

Updates

We may update these Terms at any time. The current version is always posted on our Website. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

2. Eligibility and Access

User Representations

  • You are at least 18 years of age, or accessing the Services with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf
  • You have the legal capacity to enter into a binding agreement
  • Your use of the Services will comply with all applicable laws and regulations in Australia and your jurisdiction

Minimum Age

18

Minor Access

Permitted with parental or legal guardian consent and supervision

Enforcement

PIARC reserves the right to restrict, suspend, or terminate your access to the Services at any time, without notice, if we reasonably believe you have breached these Terms or any applicable law.

3. Use of the Website and App

3.1. Permitted Use

Permitted Activities

  • Viewing PIARC event information, news, and results
  • Applying for, renewing, or managing your PIARC membership
  • Accessing Club Permit (Club Plates) information
  • Registering as a race official or competitor
  • Purchasing PIARC merchandise

3.2. Prohibited Conduct

Prohibited Activities

  • Engaging in any unlawful, fraudulent, or deceptive activity
  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
  • Uploading, posting, or transmitting any content that is defamatory, harassing, offensive, obscene, or otherwise objectionable
  • Interfering with or disrupting the operation of the Services, including through the use of viruses, bots, scrapers, or other harmful code
  • Attempting to gain unauthorised access to any part of the Services, our systems, or the accounts of other users
  • Using the Services to send unsolicited commercial communications (spam)
  • Reproducing, duplicating, copying, selling, or exploiting any portion of the Services without prior written consent
  • Collecting or harvesting personal information about other users without their consent

4. Membership

Governing Documents

  • PIARC Constitution
  • PIARC By-Laws
  • Rules adopted by the Committee from time to time
  • These Terms

User Obligations

  • Warrant that all information provided is accurate, current, and complete
  • Keep membership details up to date
  • Acknowledge that membership grants certain rights and imposes obligations under PIARC's governing documents
  • Understand that membership fees, once paid, are non-refundable except where required by applicable law

Refund Policy

Membership fees are non-refundable except where required by applicable law

Piarc Rights

PIARC reserves the right to refuse, suspend, or cancel a membership application in accordance with its Constitution and governing rules.

5. Account Security

Credentials

  • Membership number
  • PIN code (created by user)

User Responsibilities

  • Keep your membership number and PIN confidential
  • Take responsibility for all activity that occurs under your account
  • Notify PIARC immediately at app@piarc.com.au if you suspect any unauthorised use of your account

Compromise Contact

app@piarc.com.au

Liability

PIARC will not be liable for any loss or damage arising from your failure to maintain the security of your credentials.

6. Events, Competition, and Safety

Governing Frameworks

  • Motorsport Australia's National Competition Rules and applicable supplementary regulations
  • PIARC's own event-specific regulations and instructions from event officials
  • VicRoads requirements for Club Permit vehicles
  • Applicable Victorian and Commonwealth legislation governing motorsport, road use, and public safety

Event Types

  • Race meetings
  • Hillclimbs
  • Sprints
  • Other motorsport activities

Safety Acknowledgement

Motorsport is an inherently dangerous activity. By entering or attending any PIARC event, participants and spectators acknowledge and accept the inherent risks involved.

Licence Requirements

Competitors

Valid Motorsport Australia licence

Officials

Valid Motorsport Australia licence

Volunteers

Valid Motorsport Australia licence

Child Related Roles

Current Working with Children Check (where applicable)

Content Disclaimer

Information published on the Website and App regarding events, regulations, and results is provided for general guidance only and does not constitute official race documentation. Always refer to official supplementary regulations and event briefings for authoritative information.

7. Club Permit (Club Plates)

Content Type

Summary guide only

Policy Note

PIARC's Club Permit policy may be revised at any time to reflect changes to VicRoads requirements

User Responsibilities

  • Maintain compliance with current VicRoads Club Permit requirements
  • Keep accurate records of your vehicle's usage during each permit period
  • Maintain your vehicle in the roadworthy and presentable condition required by VicRoads
  • Ensure you are a current PIARC member before seeking Club Permit endorsement

Liability

PIARC and its agents accept no liability for any loss, fine, or other consequence arising from non-compliance with VicRoads requirements.

8. Payments and Merchandise

Payment Processor

Braintree (a PayPal service)

Payment Types

  • Membership fees
  • Merchandise purchases

Currency

Australian dollars (AUD)

Gst

Prices inclusive of GST where applicable

Card Storage

PIARC does not store your credit card or financial account details

Third Party Agreement

By completing a transaction you also agree to Braintree's terms of service and privacy policy.

Pricing Policy

PIARC reserves the right to correct pricing errors and to refuse or cancel orders in the event of an error

Merchandise Policy

Merchandise orders are subject to product availability. Refunds or exchanges will be considered on a case-by-case basis in accordance with our obligations under the Australian Consumer Law.

9. Intellectual Property

9.1. PIARC Content

Protected Content

  • Text
  • Graphics
  • Photographs
  • Logos
  • Race results
  • Event information
  • The PIARC name and badge
  • The PIARC Notes magazine

Protection

Australian copyright and trade mark law

Permitted Use

View, download, and print content for personal, non-commercial use only

Prohibited Use

  • Reproduce, republish, or redistribute any content without prior written consent
  • Use PIARC's name, logo, or trade marks without authorisation
  • Remove any copyright or proprietary notices from downloaded content

9.2. Third-Party Content

Sources

Name

Natsoft

Content Type

Race results and timing

Name

Motorsport Australia

Content Type

Licensing and competition information

Name

Commercial partners

Content Type

Various

Note

This content remains the intellectual property of the respective owners and is used with permission or under licence. PIARC makes no representations as to the accuracy or completeness of third-party content.

9.3. User Submissions

Licence Granted

Non-exclusive, royalty-free licence to use submitted content for the purposes for which it was submitted

User Warranty

Any content submitted does not infringe the rights of any third party

Examples

  • Enquiry form submissions
  • Email correspondence

10. Third-Party Links and Services

Third Party Services

Name

Natsoft

Purpose

Race timing and results

Name

Motorsport Australia

Purpose

Licensing and event sanctioning

Name

Braintree / PayPal

Purpose

Payment processing

Name

Firebase (Google)

Purpose

Push notifications

Name

Partner and sponsor websites

Purpose

Various

Disclaimer

These third-party services operate under their own terms of service and privacy policies. PIARC does not endorse, control, or accept responsibility for any third-party content, services, or websites. Access to third-party services is at your own risk.

11. Disclaimers

Basis

To the maximum extent permitted by law

Disclaimers

  • The Services are provided 'as is' and 'as available' without warranty of any kind, express or implied
  • PIARC does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components
  • Event information, race results, regulations, and other content are provided for general information purposes only and may not be complete or current
  • PIARC does not warrant that its Website or App is compatible with all devices, browsers, or operating systems

Consumer Law Note

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.

12. Limitation of Liability

Basis

To the maximum extent permitted by law

Excluded Parties

  • PIARC
  • Committee members
  • Officers
  • Employees
  • Volunteers

Excluded Losses

  • Loss of income, revenue, profit, or business
  • Loss of data or corruption of data
  • Indirect, special, incidental, punitive, or consequential loss or damage
  • Loss or damage arising from participation in any PIARC event, use of the Services, or reliance on published content

Applicable Causes

Contract, tort (including negligence), statute, or otherwise

Liability Cap

Condition

Where liability cannot be excluded under applicable law (including Australian Consumer Law)

Amount

Greater of: amount paid by you for the specific product or service in the 12 months preceding the claim, or AUD $100

13. Indemnity

Indemnified Parties

  • PIARC
  • Committee members
  • Officers
  • Employees
  • Volunteers
  • Agents

Covered Claims

  • Your use of or access to the Services
  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Any content you submit to PIARC that infringes the rights of a third party

Covers

Claims, liabilities, damages, losses, and expenses (including reasonable legal fees)

14. Privacy

Privacy Policy Url

piarc.com.au/privacy

Governing Legislation

  • Privacy Act 1988 (Cth)
  • Australian Privacy Principles

Note

Your use of the Services is also governed by our Privacy Policy. By using the Services you also consent to the terms of our Privacy Policy.

15. Notifications and Communications

Push Notifications

Provider

Firebase Cloud Messaging

Consent

By enabling push notifications on the PIARC App

Content

  • Event reminders
  • Club announcements

Opt Out

At any time through your device settings

Email Communications

Consent

By providing your email address

Content

  • Membership number
  • PIN resets
  • Bi-monthly PIARC Notes magazine

Marketing Emails

No

Preference Changes Contact

app@piarc.com.au

16. Termination and Suspension

Grounds For Termination

  • Breach of any provision of these Terms
  • PIARC membership lapses or is cancelled
  • Required to do so by law or a regulatory body
  • Decision to discontinue or materially alter the Services

Notice Required

No

Surviving Provisions

  • Section 9 — Intellectual Property
  • Section 11 — Disclaimers
  • Section 12 — Limitation of Liability
  • Section 13 — Indemnity
  • Section 18 — Governing Law and Dispute Resolution

Note

Termination does not affect any rights or obligations that have accrued prior to termination.

17. Modifications to the Services

PIARC reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability. We will endeavour to give reasonable notice of significant changes via the Website or App where practicable.

18. Governing Law and Dispute Resolution

Governing Law

State of Victoria, Australia

Conflict Of Law

Without regard to conflict of law principles

Jurisdiction

Courts of Victoria, Australia (exclusive)

Pre Litigation Requirement

Contact

app@piarc.com.au

Good Faith Period

30 days

Description

Before commencing legal proceedings, you agree to contact PIARC and allow 30 days to attempt to resolve the dispute in good faith

19. General Provisions

19.1. Entire Agreement

Content

These Terms, together with our Privacy Policy and any applicable event-specific regulations, constitute the entire agreement between you and PIARC in relation to the Services and supersede all prior agreements and understandings.

Components

  • These Terms and Conditions
  • Privacy Policy
  • Applicable event-specific regulations

19.2. Severability

Content

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions.

19.3. Waiver

Content

Failure by PIARC to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

19.4. Assignment

User Assignment

Not permitted without prior written consent from PIARC

Piarc Assignment

Permitted without restriction

19.5. Force Majeure

Content

PIARC will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Examples

  • Natural disasters
  • Pandemic
  • Government action
  • Power failure
  • Internet outages

20. Contact Us

Contact

Email

app@piarc.com.au

Postal Address

PIARC, PO Box 6091, Vermont South VIC 3133