Subscription Terms and Conditions – Team Bavarian
Last updated: 29 January 2024
1. Introduction
1.1. By using this website (located at https://www.bavarian.com.au/), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase through the Sites, purchasing a Subscription Service from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with Engineering Perfection (ACN 109 237 185), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Team Bavarian or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.3. By accessing or using our Services, you warrant and represent to us that:
(a) you have read, understand and agree to be bound by these Terms;
(b) you are over the age of 18 years old and are not attempting to, or actually, purchasing alcohol on behalf of a person under the age of 18 years old; and
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
1.5. Our Services may be purchased via a subscription service, in accordance with the terms below.
2. Use of the Services
2.1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.
2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2.3. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
3. Subscription
3.1. You can purchase a Subscription with Team Bavarian and receive a "Subscription Box" containing bundle of services, containing the number of services relevant to the Subscription Box and in the frequency you choose e.g. monthly (Subscription Period) at checkout (Subscription Services). The Subscription Boxes and their details and prices are listed below in clause 3.4, 3.5 and 3.7.
3.2. To access and use the Subscription Services, you will need to register for an account with Team Bavarian by completing your details here.
3.3. You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.
3.4. Standard Annual Service Package
‘Standard Annual Service Package’ is our most economic Subscription Box at just $35 per month, provided that you purchase the Subscription Box for a minimum period of 12 months.
For the avoidance of doubt, you are only allowed to purchase ‘Standard Annual Service Package at $35 per month on the condition that you purchase ‘Standard Annual Service Package’ for a minimum period of 12 months in total. If you cancel your ‘Standard Annual Service Package’ at any time before the expiry of the minimum 12 month period you agree that you will pay to us the balance of the minimum 12 month term that remains outstanding as at the date of termination and that such amount will be immediately due and payable.
‘Standard Annual Service Package’ includes the following services in each 12 month period:
(a) one (1) registration inspection for your vehicle;
(b) up to five (5) diagnostic scans and reports;
(c) up to five (5) vehicle checks, limited to checks of:
(i) under bonnet levels; and
(ii) tyre pressures; and
(d) up to five (5) oil level top ups;
(e) phone support, roadside service assistance and up to five (5) call outs, (excluding towing services), provided that any such support required is within 20 kilometers of Team Bavarian’s premises located at Bavarian Engineering, Unit 1/3, Box Road, Taren Point, 2229 NSW (Premises). Please note that this service particular service under 3.5(e) is limited to:
(i) assessing the vehicle in order to determine if it can be mobilized; and
(ii) give recommendations and reasonable assistance in getting the vehicle either back on the road or to the Premises, whichever is more suitable in our opinion.
Please note that our towing service can be arranged within the 20kms of the Premises for an additional cost of $165 per tow.
3.5. Premium Annual Service Package
Our Premium Annual Service Package provides you an assurance, subject to these Terms, that your vehicle’s servicing needs will be met at just $165 per month, provided that you purchase the Premium Annual Service Package for a minimum period of 12 months. For the avoidance of doubt, you are only allowed to purchase the Premium Annual Service Package at $165 per month on the condition that you purchase the Premium Annual Service Package for a minimum period of 12 months in total. If you cancel your Premium Annual Service Package at any time before the expiry of the applicable 12 month period commencing on the date of your purchase of the Premium Annual Service Plan, the full amount for the period of 12 months will still be payable by you and you will be required to immediately pay any outstanding amounts due to Team Bavarian.
Prior to purchasing your Premium Annual Service Package, you shall submit your vehicle and any documentation necessary and requested by Team Bavarian in order to determine whether your vehicle qualifies for this Premium Annual Service Package.
The Premium Annual Service Package includes the following services, subject to the proviso contained in clause 3.6:
(a) Service inclusions consisting of:
(i) scheduled services;
(ii) air filter replacement;
(iii) micro filter or cabin filter replacement;
(iv) spark plugs replacement;
(v) wiper rubbers replacement;
(vi) Filament globe replacement (excluding xenon lights and led globes and lights)
(vii) coolant services, limited to flushing, renewing and bleeding the engine coolant;
(viii) power steering services, limited to flushing renewing and bleeding the power steering system;
(ix) brake fluid services, limited to flushing renewing and bleeding the hydraulic brake system; and
(x) differential and transfer case services, limited to renewing the differential oils and renewing the transfer case oil.
(b) Oil leak inclusions consisting of:
(i) cooling system leaks, limited to water pump, thermostat, radiator, expansion tank, radiator hoses, coolant bypass hoses, all parts and labour; and
(ii) engine system leaks, limited to rocker cover, vacuum pump, Oil filter housing, engine sump, all parts and labour.
and specifically excluding power steering oil leaks, transmission oil leaks, differential oil leaks and transfer case oil leaks.
(c) Repair inclusions consisting of:
(i) drive belts parts, including necessary labour;
(ii) air conditioning system service (limited to evacuating the gas, vacuuming the system checking for leaks and recharging with new gas only, and particularly excluding any leak repairs or component failure) only the necessary labour associated with air conditioner compressor replacement, air conditioner condenser replacement and air conditioner receiver dryer replacement;
(iii) labour necessary for brake pads and disc repairs (for the avoidance of doubt, it is only the associated labour that is included and not brake pads or discs);
(iv) labour necessary for electrical system repairs in relation to main batteries, starter batteries, alternator and starter motor (for the avoidance of doubt, it is only the associated labour that is included and not electrical systems or any other items listed); and
(v) labour necessary for suspension system repairs in relation to front and rear shock absorbers and mounts and front suspension control arms and bushes (for the avoidance of doubt, it is only the associated labour that is included and not suspension systems).
3.6. You will be eligible to obtain all services contained in your Premium Annual Service Package, provided that:
a. your vehicle has not at any time, whether prior to or after your purchase of a Premium Annual Service Package, been driven on a race track;
b. your vehicle cannot have any pre-existing conditions (the existence or non-existence of such pre-existing conditions shall be determined by Team Bavarian, acting reasonably);
c. your vehicle has been and will continue to be serviced every six (6) months or upon reaching every 7000 kilometres or additional 7000 kilometres, whichever is sooner; and
d. where any replacements of parts are required for your vehicle and are included (as set out above) in your Premium Annual Service Package, such parts will be provided by Team Bavarian only if such replacement is, in the opinion of Team Bavarian acting reasonably, determined to be necessary. This includes, but is not limited to, replacements of filters, oils, spark plugs and any other items that may be replaced under the Premium Annual Service Package.
3.7. Elite Annual Service Package
Our Elite Annual Service Package provides you an assurance, subject to these Terms, that your vehicle’s servicing needs will be met at just $200 per month, provided that you purchase the Bavarian Elite Annual Service Plan for a minimum period of 12 months. For the avoidance of doubt, you are only allowed to purchase the Elite Annual Service Package at $200 per month on the condition that you purchase the Elite Annual Service Package for a minimum period of 12 months in total. If you cancel your Elite Annual Service Package at any time before the expiry of the 12 month period commencing on the date of your purchase of the Elite Annual Service Plan, the full amount for the period of 12 months will still be payable by you and you will be required to immediately pay any outstanding amounts due to Team Bavarian.
Prior to purchasing your Elite Annual Service Package, you shall submit your vehicle and any documentation necessary and requested by Team Bavarian in order to determine whether your vehicle qualifies for this Elite Annual Service Package.
The Elite Annual Service Package includes the following services, subject to the proviso contained in clause 3.8:
(a) Service inclusions consisting of:
(i) scheduled services;
(ii) air filter replacement;
(iii) micro filter or cabin filter replacement;
(iv) spark plugs replacement;
(v) wiper rubbers replacement;
(vi) Filament globe replacement (excluding xenon lights and led globes and lights)
(vii) coolant services, limited to flushing, renewing and bleeding the engine coolant; and
(viii) brake fluid services, limited to flushing renewing and bleeding the hydraulic brake system.
(b) Oil leak inclusions consisting of:
(i) cooling system leaks, limited to water pump, thermostat, radiator, expansion tank, radiator hoses, coolant bypass hoses, all parts and necessary labour; and
(ii) engine system leaks, limited to rocker cover, vacuum pump, Oil filter housing, engine sump, all parts and necessary labour and specifically excluding power steering oil leaks, transmission oil leaks, differential oil leaks and transfer case oil leaks.
(c) Repair inclusions consisting of:
(i) drive belts parts, including necessary labour;
(ii) air conditioning system service (limited to evacuating the gas, vacuuming the system checking for leaks and recharging with new gas only and particularly excluding leak repairs and component failure) including only the necessary labour associated with air conditioner compressor replacement, air conditioner condenser replacement and air conditioner receiver dryer replacement;
(iii) labour necessary for brake pads and disc repairs (for the avoidance of doubt, it is only the associated labour that is included and not brake pads or discs);
(iv) labour necessary for electrical system repairs in relation to main batteries, starter batteries, alternator and starter motor only (for the avoidance of doubt, it is only the associated labour that is included and not electrical systems or any other items listed); and
(v) labour necessary for suspension system repairs in relation to front and rear shock absorbers and mounts, front suspension control arms and bushes only (for the avoidance of doubt, it is only the associated labour that is included and not suspension systems or any other items listed).
(d) Other inclusions, consisting of:
(i) phone support, roadside service assistance and up to five (5) call outs for the purpose of:
a. assessing the vehicle in order to determine if it can be mobilized; and
b. give recommendations and reasonable assistance in getting the vehicle either back on the road or to the Premises, whichever is more suitable in our opinion; and
(ii) towing services, provided that any such support or services required is within 20 kilometers of Team Bavarian’s Premises.
3.8. You will be eligible to obtain all services contained in your Elite Annual Service Package, provided that:
a. your vehicle has not at any time, whether prior to or after your purchase of a Bavarian Elite Annual Service Package, been driven on a race track;
b. your vehicle does not have any pre-existing conditions (the existence or non-existence of such pre-existing conditions shall be determined by Team Bavarian, acting reasonably);
c. your vehicle has been and will continue to be serviced every six (6) months or upon reaching every 7000 kilometres or additional 7000 kilometres, whichever is sooner; and
d. where any replacements of parts are required for your vehicle and are included (as set out above) in your Elite Annual Service Package, such parts will be provided by Team Bavarian only if such replacement is, in the opinion of Team Bavarian acting reasonably, determined to be necessary. This includes, but is not limited to, replacements of filters, oils, spark plugs and any other items that may be replaced under the Elite Annual Service Package.
Payment
3.10. Upon purchase of any Subscription Services, you authorise Team Bavarian and our relevant payment processors to obtain payment from you for the Subscription Services as and when our fees become due (including, without limitation, ongoing subscription fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy. You also agree to reimburse us for all collection costs and interest of 2% higher than the amount set by the Penalty Interest Rates Act (Vic) for any overdue amounts.
3.11. From time to time, Team Bavarian may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites such as Stripe. When you select to pay Team Bavarian for a Subscription Service, you authorise Team Bavarian to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Subscription Service.
3.12. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.
3.13. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Subscription Services reaffirms that we are authorised to charge your Payment Method.
3.14. If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and charge interest of 10% p.a. on unpaid amounts.
Pricing
3.16. Team Bavarian reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscription Services are subject to change in our sole discretion provided that if you have signed up to a Subscription Service, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.
3.17. If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription Service at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription Service with immediate effect (provide notice is received within the 10 days' notice of the price increase) or continue the Subscription Service at the increased price.
Cancellation
3.18. Subject to clause 3.4, 3.5 and 3.7, you may cancel your Subscription at any time, at least 20 days prior to your next scheduled Subscription Period, by contacting us via email address at admin@bavarian.com.au.
3.19. If you cancel your Subscription Service, your Subscription Service benefits will continue until the end of your then current subscription term, but your Subscription Service will not be renewed after that term expires. Except in accordance with Australian Consumer Law or if we cancel your subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription Service fees paid or payable for the full subscription term.
Automatic Renewal of Subscriptions
3.20. If you have purchased a Subscription Service and you do not cancel your Subscription Service, prior to the end of the Subscription Service term, your Subscription Service will be automatically renewed at the end of each term for a further term of the same duration as the expiring Subscription Service term for our then-current subscription fee.
3.21. You acknowledge and agree that your payment method will be automatically charged for such Subscription Service fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Subscription Service is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees and you do not subsequently cancel your subscription.
4. Your information, errors and access
Current Information Required
4.1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
4.2. Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Team Bavarian as soon as you become aware of the issue. Failure to provide such information to Team Bavarian may result in charges to your current Payment Method for the Subscription Services, and you acknowledge that you remain responsible for these charges.
Errors and Incorrect Payments
4.3. Team Bavarian reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including Subscription Services and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.
Termination or suspension of your access or use of the Services
4.4. You agree that Team Bavarian may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Team Bavarian account or terminating your licence to use Team Bavarian IP if you breach or become in breach of any of these Terms and Team Bavarian shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Subscription Service fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Team Bavarian account without the prior written consent of Team Bavarian.
4.5. You agree that Team Bavarian may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services if:
(a) you fail to make payments as and when they become due and thereafter do not remedy such failure within 5 days of the abovementioned notice being given to you; or
(b) we cease carrying on business for any reason.
4.6. Team Bavarian may, at its election:
(a) continue to provide your Subscription Service benefits until the end of your then current subscription term, cease providing the Subscription Services after that term expires; or
(b) immediately cease providing the Services or Subscription Service benefits. Where Team Bavarian terminates your access to or use of the Services in accordance with this clause (b), it shall provide a prorated refund of any portion of the Subscription Service fees paid for the then current subscription term.
5. Prices and payment
5.1. We reserve the right to vary, amend, add or remove payment methods, prices or services offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Prices
5.2. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
5.3. Prices and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
5.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
6. Promotions and discounts
6.1. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
6.2. Team Bavarian reserves the right to:
(a) terminate, modify or extend any promotional offer at any time, without notice; or
(b) cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
7. Termination
7.1. Without prejudice to any other remedies, Team Bavarian may:
(a) cancel all or any part of any order or suspend or terminate the supply of services to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
(b) terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.
7.2. If we cancel your Subscription and you are not in breach of these Terms we will issue you with a refund of the purchase price at a rate to be calculated by us, acting reasonably. To the maximum extent permitted by law, Team Bavarian will not be liable to you for any further loss or damage you suffer because Team Bavarian has exercised its rights under this clause or these Terms.
8. Intellectual Property
8.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Team Bavarian, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
8.2. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Team Bavarian.
8.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Team Bavarian’s intellectual property rights, whether by estoppel, implication or otherwise. Team Bavarian reserves all rights not expressly granted in the Services.
9. Privacy
9.1. You agree to allow Team Bavarian to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
10. Unauthorised access and malicious materials
10.1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
10.2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
11. Third Parties
11.1. Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, neither Team Bavarian, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained or obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any goods or services supplied by Team Bavarian; or
(e) these Terms or any breach of these Terms.
12.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
12.3. To the maximum extent permitted by law, Team Bavarian liability under these Terms shall be limited to any one or more of the following:
(a) the replacement of the Goods or re-supply of equivalent goods or services;
(b) the repair of such Goods or services;
(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
(d) the payment of the cost of having the Goods repaired.
12.4. To the extent permitted by law, Team Bavarian expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
12.5. This clause survives termination of these Terms.
13. Disclaimer of Warranty
13.1. Team Bavarian provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Team Bavarian, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
13.2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
14. Amendments and correction of errors
14.1. Team Bavarian reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
14.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
14.3. Team Bavarian reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time. You will be notified of any amendments to errors in the Services. If you do not wish to continue with our Services after the amendment of any errors, you may elect to terminate these Terms by providing written notice to us at team@bavarian.com.au within 5 days of our notification to you. If you fail to provide written notice within 5 days of our notification to you, you will be deemed to have accepted any amendments made.
15. General
15.1. Waiver: Any failure or delay by Team Bavarian in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Team Bavarian from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
15.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Team Bavarian will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
15.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
15.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Team Bavarian and you or any other party unless expressly stated otherwise.
15.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
15.6. Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.