DirtXInd Terms and Conditions

To the fullest extent legally possible, all contracts, dealings and/or arrangements relating to the FMG and DIRTXIND Subscription Products are subject to the following Terms and Conditions unless otherwise agreed in writing.

1. Definitions:

In these Terms, unless the context otherwise requires:

“Accession” means any of the products, services, offerings, prizes or giveaways, which are associated with the DIRTXIND Subscription which are installed in, or affixed to, other goods or services.

“Acknowledgement” means acceptance of all the terms and conditions and any subsequent updates of the DIRTXIND SUBSCRIPTION.

“ACL” means Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (C’th);

“Amount Owing” means at any time all amounts payable by the Customer and/or Subscriber to FMG at that time in connection with the Products or Prizes whether or not due for payment under these Terms;

“Alternative Cash Payment” is a cash payment to a winner of a Draw “in lieu of” the advertised Prize.

“Contract” means:

any contract to which these Terms are expressed to form part; and

for the supply of “Products” pursuant to an Order, including the “DIRTXIND” “Subscription”, the contract (which includes these Terms) formed for the supply of the Products to the Customer upon an “Acknowledgement”;

“DIRTXIND” is the brand of goods sold and distributed by FMG including the administration and management of the

“Draw” means the selection process by which winners of each Giveaway are selected.

“FMG” means Formula Motorsports Group Pty Ltd ACN 114628796;

“DIRTXIND LLC” means DIRT X IND Group LLC 014566534.

“FMG Group” means each of FMG’s subsidiaries, affiliates, associated companies and related entities.

“Giveaway” Is the “no payment” method of supply of Prizes (goods and services) to DIRTXIND Subscribers.

“Governmental Agency” means the Crown, any government, any governmental ministry or department, or any Crown, governmental, semi-governmental, statutory, parliamentary, administrative, fiscal, public, federal, state, national, municipal, local, judicial or regulatory entity, agency, instrumentality, utility, authority, court, commission, body or tribunal.

“Imposts” means Governmental Agency imposts including but not limited to statutory charges, levies, rates, duties, and taxes (including but not limited to GST);

“Privacy Policy” means the process and procedures adopted by FMG Group to protect information relating to the DIRTXIND subscription. The policy is displayed on the DIRTXIND website.

“PPSA” means the Personal Property Securities Act 2009 (C’th);

“Prizes” means any DIRTXIND goods, products, services, and/or materials supplied, or to be supplied, by FMG Group to a DIRTXIND subscriber.

“Promotional Activities” means any photography, video or audio endorsement or other reasonable media activity as requested by FMG Group.

“QR Code” means the DIRTXIND QR Code specifically associated with the DIRTXIND Subscription.

“Retail Value” means the advertised value of raceparts or other goods or services on the “DIRTXIND” web site.

“Social Media” means all social media platforms used by FMG Group including Facebook and Instagram

“Subscription” means FMG’s Subscription

“Subscriber” (See clause 3) means any person who has subscribed to the DIRTXIND Subscription plan and “Acknowledgement” of these terms and conditions.

“Subscriber Information” means all personal, business and private information provided to FMG.

“Terms” means these terms and conditions as modified or amended in relation to a particular Order or Subscription by a written or online Acknowledgement; and the terms “financing statement”, “proceeds”, “purchase money security interest”, “security agreement”, “security interest” and “verification statement” have the respective meanings given to them under, or in the context of, the PPSA.

2. Payments for Subscription:

All Subscriptions are to be paid online via Stripe, without deduction or set-off of any kind (unless otherwise agreed by FMG).

3. Subscriptions:

Subscriber Eligibility.

1. Subscribers accept Acknowledgement to these Terms and Conditions.
2. Subscribers must be a resident in Australia and must be over 18 years of age.
3. Subscribers must be an individual person and not a corporate entity, organisation, association or reseller or distributor of the DIRTXIND racing products.
4. Each Subscriber must provide the following information.
   • Full name.
   • Confirmation that the Subscriber is over 18 years of age.
   • Telephone/mobile number.
   • Postal address.
   • Email address.
5. Each DIRTXIND Subscriber will be identified by their name and individual email address.
6. The Subscription will be maintained so long as the Subscriber continues with their subscription payments.
7. Subscribers agree to accept FMG and DIRTXIND information, advertising and promotional material via email and social media.
8. Subscribers who win Prizes agree to participate in Promotional Activities at the request of FMG.
9. All Subscribers at the time of each Draw will be included in all draws for Prizes.

4. Subscription – Terms and Pricing.

1. 1. Subscribers can elect to pay either $5 or $10 (per month) for each subscription. The subscription is for a minimum of a 12-month period from the date of Subscription.
   2. The Subscription cannot be withdrawn, cancelled or ended by the Subscriber during the 12-month period.
   3. Subscribers who elect to pay $5 per month will receive 5% discount on the Retail Price on all DIRTXIND products purchased on-line during the Subscription period.
   4. Subscribers who elect to pay $10 per month will receive 10% discount on the Retail Price on all DIRTXIND products purchased on-line during the Subscription period.
   5. An eligible person can purchase as many Subscriptions as they wish.
      1. Only the first purchased Subscription receives the DIRTXIND product discount.
      2. The second or subsequent Subscriptions do not qualify for any additional “DIRTXIND Product discount.

• Under no circumstances do multiple Subscriptions entitle the Subscriber to more than one DIRTXIND product discount.

1. Discounts cannot be accumulated in any way.

1. Additional entries in Major Draws.

Subscribers will be granted additional entries in future Major Draws subject to the following terms.

100. Subscribers who purchase DIRTXIND products (on-line) will be granted 1 additional entry for each $100.00 of sale (Retail value).
101. The Additional entries are only valid for the Major Draws immediately following the DIRTXIND product purchases.

• DIRTXIND product purchases prior to any previous major Draws are not valid for future major Draws.
  1. If the Subscriber elects to discontinue their Subscription, or for any other circumstance which stops the monthly payment being deducted and credited to FMG bank account, prior to the end of the 12-month subscription period, the full 12 months Amount Owing still needs to be paid, and the Subscriber authorises the full Amount Owing to be deducted from the subscriber’s credit card.

“DIRTXIND” reserves the right to withdraw the Subscriber from any future draws or discounts of the DIRTXIND products and seek whatever means to recover the payment.

1. Subscribers may elect to upgrade from the $5 subscription to the $10 subscription but must pay a full 12-month subscription from the day of the upgrade.
2. Subscribers may elect to reduce their subscription from $10 per month to the $5 per month subscription but only at the end of the initial 12-month period.
3. The officers of FMG Group and associated family members are ineligible to participate or receive any Prizes of Give Aways associated with the DIRTXIND Subscription plan. This includes FMG’s company directors, management team, employees and their immediate families.
4. “DIRTXIND Distributors/Dealer are ineligible to participate in the DIRTXIND Subscription plan.

5. 1. “Prizes” will consist of one or more of.
      1. DIRTXIND racing products.
      2. A broad range of general items of interest.

• Access to hospitality arrangements at speedway venues.

1. Prizes that involve hospitality arrangements at speedway venues can be impacted by a variety of circumstances that are out of the control of FMG. These could include event cancellations due to weather conditions etc, rescheduling of events by promoters and changes to racing classes at these events.

FMG is not responsible for any Imposts, losses and/or expenses incurred by the Prize winners, as a result of changes, modification or cancellations of events.

1. Prizes will be categorised as either minor or major. Prizes.

Minor prizes will be conducted on a regular basis (usually weekly) and

Major Prize will be conducted on an irregular basis, (usually on a monthly basis).

1. Advertising of Prizes.
   1. All Draws and Prizes will be displayed on the DIRTXIND website.
   2. All Subscribers will be notified of each Draw by either email, social media and/or on the DIRTXIND web site.
2. Prizes will be classified as follows
   1. New – These products are new and have not been used.
   2. As New – These products are not new but in very good condition.

• Used – Products that are second hand and have been used.

1. FMG does not provide any warranty for any Prizes and is not responsible for the operational performance, safety, reliability of any of the Prizes provided as part of the DIRTXIND Subscription.
2. Subject to clause 3, all eligible Subscribers will participate in the full range of Prizes Draws.

6. Prize Draws
   1. All Prize Draws will be conducted by a random function utilising the ‘Mersenne Twister’ selection algoritm.
   2. The officers of FMG Group including FMG company directors, management team, employees and their immediate families will not have any involvement in the selection of the Prize Draws.
   3. All winners will be announced as soon as practicable after the Draw has taken place by.
      1. Release on the DIRTXIND website.
      2. Social media.

• Phone and email.

1. If the winner of a Prize cannot be contacted, or the Prize is not claimed by the winner or arranged pick up within 30 days of the Draw, the Prize will be forfeited and the Prize will be redrawn as determined by FMG.
2. Some Prizes may have an ALTERNAIVE CASH PAYMENT (ACP) associated with them. The ACP amount will be identified when the major draw is advertised. The winner of that draw may elect to receive the Prize or the ACP “in lieu of” the advertised prize.
3. Disputes in relation to any aspect of the Subscription, Prizes or selection of winners, should be forwarded to [email protected]
4. FMG Group is not responsible for any Imposts incurred by the winners of the promotional offerings.
5. FMG Group does not provide any guarantee or warrantee of performance, safety or reliability of the Prizes or services provided as Giveaways.
6. Delivery or collection of Prizes is at the Subscribers cost unless stated or advertised.

7. Privacy Policy. FMG will collect and store Information associated with the registration of each Subscriber as outlined in section 3c.
   1. The Subscription information is required for the essential administration of the Subscription plan.
   2. More work by RS.
   3. See the “DIRTXIND” website for FMG’s Privacy Policy.
8. Australia only: FMG Products and “Giveaways” are suitable for use within Australia only and that Customers and Subscribers should not use or install the Products, nor sell the Products to end users, in any other country. To the maximum permitted by law FMG provides no warranty and disclaims all liability in relation to Product and Prizes if used, installed, or sold to end users, outside of Australia.
9. Clerical Errors: Any errors and/or omissions in FMG’s documents (including but not limited to price lists, catalogues, quotations, delivery dockets, invoices, statements and credit notes) will not be binding on FMG and may be corrected by FMG without liability to the Customer or the Subscriber.
10. Variation of Terms: FMG reserves the right to replace or vary these Terms (or any part of them) from time to time upon notification to existing Subscribers via email and updating these Terms on the DIRTXIND website.
11. Entire Agreement
    1. The Contract for the supply of Products and the Subscriptions pursuant to an Order constitutes the entire agreement between FMG and the Subscriber with respect to that Order.
    2. Any prior discussions, negotiations, proposals, previous dealings, correspondence, are superseded by and will not affect the interpretation of this Contract.
    3. Any terms and/or conditions sought to be imposed by the Customer or the Subscriber upon FMG will not apply unless expressly agreed in writing by FMG as overriding or replacing these Terms.
12. General:
    1. Notices: Any notice under these Terms or any Contract must be in writing, and may be emailed, delivered, faxed or posted to a party at their postal or email address or facsimile number last notified by them to the other party. A party may change its address or number for notices by notifying the other party.
    2. Waiver: If FMG elects not to exercise any rights arising as a result of breach of these Terms or a Contract, it will not constitute a waiver of any rights relating to any subsequent or other breach.

• No Merger: Termination of these Terms, a Contract and/or dealings between the Subscriber and FMG will not end those provisions of these Terms that are capable of surviving termination.

1. Severability: If a provision of these Terms or a Contract would but for this clause, be unenforceable, that provision must be read down to that extent necessary to avoid that result and if that provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of these Terms and Contract.
2. Assignment: The Subscriber may not assign its rights and/or obligations under these Terms or any Contract without FMG’s prior written consent, which may be given or withheld in FMG’s sole and unfettered discretion. FMG may assign its rights and/or obligations under these Terms and/or any Contract by notice in writing to the Subscriber.
3. Trusts: The Subscriber agrees that these Terms and all Contracts bind it not only in its own capacity, but also as the Trustee of every trust of which it is a trustee.

• Essence: Time shall be of the essence with respect to the performance of the Subscriber obligations under these Terms.
• Jurisdiction: All contracts made with FMG will be deemed to be made in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the appropriate Courts in or nearest Melbourne in that State.