APPLICATION TERMS AND CONDITIONS
By completing and / or submitting this Application to become an ASA of Supercars Travel, you acknowledge that you have read, understood and agree to be bound by these Application Terms and Conditions and that you have been provided with and have carefully considered the Supercars Travel Events Packages Guide in submitting an Application.
We reserve the right to change these Applications Terms and Conditions at any time.
“You” and “Your” means any applicant entity completing this Application form.
“We”, “us”, “our” or “Supercars Travel” means Sportsnet Corporation Pty Ltd ABN 34 124 636 611.
1. Supercars Travel may, without restriction and at any time:
- Modify any part of this Application process, including but not limited to extending, suspending or cancelling any part of the Application;
- Remove or modify any requirement for ASAs in the Application;
- Apply any policies or criteria as required for the Application process;
- Require you to resubmit your Application, or provide any additional information as required for Supercars Travel to assess your Application;
- Use or disclose to anyone information about or provided by you as part of this Application, only for the purpose of assessing your Application;
- Not retain, return or destroy any information, except as required by law;
- Exclude anyone from the Application process for any reason at any time;
- Refuse any Application;
- Consider and / or assess any alternative Application;
- Appoint any ASA following assessment of an Application.
2. Supercars Travel may appoint any number of ASAs in its sole discretion and does not commit to a specific number of ASA appointments.
3. Supercars Travel reserves the right to authorise other entities to resell Events Packages in its full discretion. These entities will not have the same level of rights as ASAs in particular marketing rights.
4. Any ASA appointment by Supercars Travel is final and Supercars Travel will not be obliged to provide feedback to any applicants, in particular if an Application is unsuccessful.
5. This Application is not an offer by Supercars Travel that is legally enforceable or capable of acceptance by the ASA under law. If your Application is successful, you will be required to enter into a formal written contract with Supercars Travel which will set out the rights and obligations of an ASA.
6. Supercars Travel will not be bound by any terms that intend to restrict, in any way, the discretion of Supercars Travel in this Application process. By submitting an Application, you expressly waive any right of action you may have against Supercars Travel with regard to the Application process.
7. This Application, the Application process, and submission of an Application does not create any rights or obligations enforceable against, or binding on, Supercars Travel, V8 Supercars Australia or any of their advisors or any of their respective employees, advisors or agents.
8. An Application cannot be withdrawn or modified once submitted without the prior written consent of Supercars Travel, subject to clause 14(b) of these Terms and Conditions. Supercars Travel will treat your Application as your best Application and is not obliged to make any further enquiries with you.
9. You shall bear all costs in preparing and submitting your Application. For the avoidance of doubt, Supercars Travel will not be responsible directly or indirectly to you for any costs incurred by you in relation to this Application.
10. All intellectual property rights relating to this Application belong to Supercars Travel or V8 Supercars Australia. You shall not reproduce in any form (including photocopying or storage in any medium including by electronic means) any part of this Application without the prior written permission of Supercars Travel, other than for the sole purpose of preparing a response to this Application pursuant to this Application.
11. You acknowledge and agree that your Application and all the information contained herein are valid for a minimum period of 90 days from the Application deadline, as determined by Supercars Travel from time to time.
12. Supercars Travel endeavours to provide accurate information; however, neither it nor V8 Supercars Australia or any of their advisors or any of their respective employees, advisors or agents will be liable (in contract or tort, including negligence, or otherwise) to you or any other persons for any reliance on the information provided in this Application or otherwise by Supercars Travel or any member of Supercars Travel.
13. You agree that nothing in this Application constitutes an inducement or incentive in any way to influence you to submit an Application.
14. You warrant to Supercars Travel that:
- all information provided in your Application is accurate and not misleading;
- if, following submission of your Application, there is any change in your circumstances which may adversely affect information in your Application, you shall promptly notify Supercars Travel in writing setting out the relevant details in full and request that Supercars Travel consider your request to modify your Application;
- you understand and acknowledge that Supercars Travel may rely on any information provided in your Application;
- you understand and acknowledge that the contents of this Application are strictly confidential including but not limited to all information and schedules contained in this Application, and other information or documents made available to you by Supercars Travel. Submission of a formal response to this Application shall confirm your agreement to comply with the relevant confidentiality requirements;
- the Application process is intended to be genuinely competitive, and no part of the process been fixed or adjusted with any third party;
- the information provided in your Application has not been disclosed to any person other than Supercars Travel and no competitor (including another applicant) has disclosed similar information regarding its Application to you;
- you have not entered into any arrangements with any other person that that person should not submit an Application;
- you have not made any transaction, agreement (whether private or open), collusion (whether formal or informal) or legally binding (Arrangement) with any other person which has, may have, or is intended to have, the effect of limiting genuine competition;
- you have not made any Arrangement or planned to make an Arrangement with any employee or representative of Supercars Travel as a bribe, inducement or reward for doing, or refraining from doing, any act in relation to success of this Application; and
- you have complied and will comply with all applicable laws in relation to this Application.
15. This Application, the Application process and any and all related documentation shall be governed by and interpreted in accordance with the laws of Victoria and shall be subject to the exclusive jurisdiction of the courts of Victoria.