Terms & Conditions

1. Online Performance Programming
2. Privacy Policy
3. Returns Policy
   

1. TERMS OF SERVICE FOR ONLINE PERFORMANCE PROGRAMMING

I the rider and purchaser, in consideration for my participation in ONLINE PERFORMANCE PROGRAMMING, Training, Coaching or programming do hereby wilfully acknowledge that by ticking the box to agree to terms of service below attests to my understanding and agreement that:

BMX Racing, strength and conditioning, gym training, BMX sprint training, BMX track training and physical training itself in anyway linked to BMX specific training has a physical demand and toll on the body. Risks and dangers exist within this physical training. Further, technical, tactical and movements pose risks to each individual in various aspects differing in nature.

BMX Racing and training is a physical, contact sport that involves the risk of injury. I assume all risks and hazards associated with my participation in the sport. I am in proper physical condition to participate in BMX and physical training, have no illness, disease, existing injury or physical defect that would be aggravated by my participation. I further acknowledge that this risk may involve loss or damage to me or my property, including the risk of death, or other unforeseen consequences, including those which may be due to the unavailability of immediate emergency medical care. I will wear a full face helmet, long sleeved top, long pants, gloves fitted accordingly and properly fitted and appropriate shoes out on the BMX Track and personal PPE in the gym during training, full PPE during BMX sprint training or during any MATT CAMERON RACE ACADEMY'S program training.

The MATT CAMERON RACE ACADEMY'S coaching does not have personal injury insurance that covers my participation. Therefore, I participate in any MATT CAMERON RACE ACADEMY - Coaching, online performance programming in any form is at my own risk and MATT CAMERON RACE ACADEMY holds no responsibility to myself or property if injured or broken.

Under any condition, I am responsible for any and all medical expenses arising from my participation, in training and racing and while travelling to and from these events. I have the right and responsibility to inspect the equipment and facilities prior to training and, if I believe that anything may be unsafe, I will advise the coach, supervisor or management of the condition and may refuse to participate. Participation assumes consent.

I will not show, share, communicate, send my program/s or any information I have received from MATT CAMERON RACE ACADEMY to other riders, federations, groups or individuals. I will not post any of my ONLINE PERFORMANCE PROGRAMMES or other program/s or training information online or on social media also including to other individuals; teams or media channels as training programs/information supplied are confidential and private information between both you and the MATT CAMERON RACE ACADEMY. Failure to follow this will result in termination of the relationship between MATT CAMERON RACE ACADEMY and the individual and legal action taken.

I am agreeing to pay for the MATT CAMERON RACE ACADEMY services in the way of ONLINE PERFORMANCE PROGRAMMING as per the price online.

I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue MATT CAMERON RACE ACADEMY employees, coaches, trainers, contractors, volunteers, sponsors and advertisers, and other agents, estates or executors, from any and all liability incurred in the conduct of, and my participation in, their BMX programmes (Sprint, Strength & Conditioning, Track).

I have completely read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily. My tick of the box attests to this on behalf of myself and my executors, personal representatives, administrators, heirs, next-of-kin, successors, and assigns. Further, by ticking this box I declare that any youth program or above (Bronze, Silver, Gold) is not for any rider under the age of 10 at the time of purchase.



2. PRIVACY POLICY

1. Terms of Use
This Website is owned and operated by shopify.
Your use of this Website is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these terms of use.
We reserve the right to modify, alter or amend these terms of use from time to time with or without notice to you. All such amendments will be effective immediately upon an update being made. By continuing to use this website following such an update you agree to be bound by such amended terms of use.

2. Exclusion/Limitation of Liability
Where the Consumer Guarantees Act 1993 does not apply: we will not be liable for any damage, loss, cost, claim or expense arising out of or relating to
• Any product or service purchased via this website; or
• Your use of this website; or
• Your use of or reliance on information contained or accessed through this website
• Any breach of your warranties stated in these terms of use.
• And to the extent allowed by law we exclude all warranties not expressly stated in these terms of use

In addition we exclude all other liability we or any of our suppliers, retailers, licensors, related companies, agents, officers, and employees may have to you to the maximum extent permitted by law. This exclusion applies whatever you are claiming for and in whatever way liability might arise if it were not for this clause (including in tort, contract, equity or under statute).

These terms of use do not affect any statutory rights you may have under New Zealand law.

3. Governing Law
These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

4. Your Use of this Website
You agree to;
i). Ensure that all the information you give us is true, correct and complete.
ii). Follow our instructions when you purchase any products advertised on this website.
iii). Not use this website inappropriately or unreasonably, e.g. send spam, abusive or defamatory e-mails, interfere with anyone's rights, publish any offensive unlawful or actionable material, collect information about others, create a false identity or transmit or upload any material which breaches our or any third party's rights, any applicable laws or is likely to do so.
iv). Use this website and any products purchased by you only for lawful purposes.
v). Ensure that all persons you are responsible for also meet these commitments and your other obligations under these terms of use.
vi). Meet any costs we incur protecting ourselves against any legal action or which we otherwise incur as a result of your use of this website and the purchase by you of any products.
vii). Not use any information available on this website for any commercial purpose other than the purchase by you of products advertised on it.
viii). Not to copy, alter or tamper with any material contained in this website.
5. Intellectual Property
We and our third party suppliers, licensors and or advertisers own all proprietary and intellectual property rights in and to this website and the material displayed here (except for content you post on this website and licence to us). You may not upload or copy any material unless you have the right or consent to do so.

6. Products and Services
a). Purchase of Products and Service
By purchasing a product or service on this website you specifically acknowledge and agree that:-
i). When you purchase any product or service advertised on this website these terms of use together with your purchase of the product or service (your acceptance). constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
ii). Any condition contained in your order which is inconsistent with these terms of use, qualifies or is contrary with these terms of use shall have no effect unless such condition is expressly accepted by us in writing.
iii). Our website and advertising only constitute an invitation to treat. Ordering products or services, online or otherwise, constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the product or service is dispatched to you.
iv). Risk, including insurance responsibility for any products you purchase from us, shall pass to you on collection by you of the products or on delivery of the product by us to you or to a carrier for delivery to you.
v). We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions in any advertising, quotations, invoice or acknowledgement.
vi). We do not and cannot guarantee the availability of products and services advertised on this website and we make no warranty or representation about the fitness or suitability of any product or service advertised on this website. You shall satisfy yourself that any product or service purchased from us is suitable for the purpose for which you require them and we are under no liability if they are not.
vii). We present information on this website which has been supplied by third parties we are not liable for any variances in the quality of the products or services from the information supplied to us by third party suppliers.
Where you are buying any products or services from us for business purposes then the Consumer Guarantees Act 1993 ("the Act") shall not apply.
Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the Act.
b). Delivery of Products
We reserve the right to dispatch your order in one delivery or by instalments. Failure by us to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered.
Any estimates we give you as to delivery time are made in good faith but are estimates only and not fixed quotations. We shall not be bound by such estimates but shall use our best endeavours to comply with the same.
We shall be entitled to select the method of delivery of products to you and whether or not there shall be a charge to you for such delivery. Where you specifically request an alternative type of delivery, e.g. urgent delivery and we agree in writing then you shall meet the cost of that delivery.
c). Damages or Loss in Transit
We shall ensure products ordered by you and sent to you are adequately packed. Claims by you for damage to products or loss in transit must be made to us within 14 days of purchase.
No claims will be considered by us after 7 days of receipt of the products you purchase from us. While we will not accept any claims for products damaged or lost in transit you must forward to us details of any claim against a carrier which you make.
d). Return of Products
Products which we supply to you in accordance with your purchase order can only be returned to us with our express written approval which we do not have to provide to you. In particular we note;
i). Any requests to return products to us must be submitted to us by you within 7 days from the date we supply the products to you.
ii). Where we accept the return of any products, for credit or refund, at our discretion in all respects, the products must be delivered to us at your expense in original condition.
iii). We reserve the right to charge you, at our sole discretion, a cancellation of order fee for any products which we accept for return
e). Force Majeure
We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in the delivery of products or failure to supply any products or services where such delay or failure is caused directly or indirectly by an act of God, fire, labour dispute, civil commotion, interference of a government, inability to obtain labour or any other cause beyond our control.

7. Linked Websites.
Where links to any third party websites are provided they are provide for convenience only and do not imply any endorsement approval or recommendation of or responsibility for the contents, products, services or operations of those sites or the operators of those websites. We accept no responsibility for any damage or harm from your use or reliance on the information contained in those websites.
You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn?t otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.

8. Electronic Communications
Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

9. Privacy Policy
You will provide us with personal information through your use of this website. This information will be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information.

10. Disclaimers
We are not an agent of any retailer or third party. We are not responsible for any transactions you may enter into through: your use of this website; your participation in any promotions; or as a result of any dealings between you and anyone using this website. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on this website. Any questions, complaints or claims should be directed to the appropriate retailer.

We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to the our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.

We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.

11. General
We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993). without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.
Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.

You acknowledge that you are not relying on any statement or representation in any form made buy us or on our behalf in relation to the suitability of any products advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.



3. RETURNS

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Additional non-returnable items:
Gift cards
Downloadable software products

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable)
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery

Refunds (if applicable)

Once your return is received and inspected, we will notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven't received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you've done all of this and you still have not received your refund yet, please contact us at mcraceshop@gmail.com

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at mcraceshop@gmail.com and send your item to: 8B Moore Street Cambridge Waikato NZ 3432.

Shipping
To return your product, you should mail or courier your product to: 8B Moore Street Cambridge Waikato NZ 3432

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.mcraceacademy.com

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.