Membership Terms & Conditions

  1. Introduction

    1. By using:
      1. this website (located at https://torquecrew.com) (the Website), any related websites or URLs and any social media platforms owned or operated by us (together, the Sites);
      2. our services from time to time (Services); or
      3. purchasing a membership package from us (Membership Package(s)),
      you agree to be legally bound by these terms and conditions (Terms).
    2. By agreeing to these Terms, you are entering into an agreement with Torque Crew Pty Ltd (ACN 682 593 522), including its successors, assignees and related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (Torque Crew or we or us).
    3. By accessing or using our Website and Services, you warrant and represent to us that:
      1. you have read, understand and agree to be bound by these Terms;
      2. you are over the age of 18 years old; and
      3. you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
    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 and conditions when accessing our Website or using our Services.
  2. Subscriptions and One-Time Packages

    1. We offer the following Membership Packages on our Website for you to purchase:
      1. Ongoing Package – This Membership Package has three (3) tiers and is an ongoing membership package with Torque Crew that renews monthly from the date of purchase and provides you with ongoing benefits as detailed on our Website (Ongoing Package) for as long as your ongoing membership remains active.
      2. One-Off Package – This Membership Package is a one-off short-term membership package with Torque Crew (One-Off Package). For the avoidance of doubt, the One-Off Package is not ongoing and is solely a one-off purchase for access to special offers for the specific duration stated for that One-Off Package.
    2. Each Membership Package will be available to you for the specific period of time detailed in the respective Membership Package on our membership page (Membership Duration).
    3. Each Membership Package provides you with access to specific benefits and inclusions for the Membership Duration, as outlined on our membership page located at torquecrew.com.au/garage. It is your responsibility to ensure that the Membership Package you purchase meets your requirements.
    4. Subject to clause 2.5, purchase of a Membership Package gives you access to a non-exhaustive list of benefits (depending on your chosen Membership Package), which may include:
      1. Access to Torque Crew Partner discount programs with multiple retailers;
      2. Exclusive discounts on Torque Crew merchandise;
      3. Access to VIP events;
      4. Access to car meets/track days;
      5. Access to car buying and selling concierge services; and
      6. Access to exclusive member giveaways.
    5. Please note that your access to the above benefits depends on your compliance with these Terms and may be subject to change at our sole discretion in accordance with clause 2.9.
    6. By purchasing any Membership Package, you will automatically receive one or several entries into the competition(s) run by Torque Crew. The number of entries received is set out on the Website and will depend on the Membership Package purchased. In addition, entrants who purchase an Ongoing Package may receive accumulating entries for the duration of that Ongoing Package, as set out on our Website.
    7. If you choose to upgrade your Membership Package (for example, from a One-Off Package to an Ongoing Package), you agree to the new fees and inclusions notified to you at the time of such upgrade. The renewal period will then follow the upgraded Membership Package.
    8. The Membership Package fees may be amended from time to time on our Membership Page in accordance with clause 4.1. Any changes will apply from your next billing cycle. If you do not agree to the updated details, you must notify us before the end of your current billing cycle, and your Membership Package will be terminated. It is your responsibility to check the Membership Page periodically.
    9. We may update the details, benefits and inclusions in our Membership Packages at any time by updating the Membership Page. Any changes will apply to all Membership Packages purchased, renewed or extended after the date of publication of the updated details. If you do not agree with these changes, you must notify us within seven (7) days of publication of the new details, and your Membership will terminate at the end of the current billing cycle. It is your responsibility to check the Membership Page frequently.
    10. By selecting a Membership Package and paying the purchase price at checkout, you will receive access to all the benefits of your chosen Membership Package for the relevant Membership Duration.
    11. To access and use your Membership Package, you must register for an account on the Website (Account) by completing your details at checkout from the Membership Page.
    12. The fees for your Membership Package (Fees) will depend on the Membership Package you choose at checkout. Once purchased, the Fees (plus any applicable taxes or duties) will be shown on your Account dashboard.
    13. Subject to your payment of the Fees, your Membership Package will commence from the date you pay the Fees and will continue for the Membership Duration.
    14. If you selected a One-Off Package and you either upgrade to an Ongoing Package or purchase another One-Off Package before the expiry of your then-current One-Off Package, we will extend the expiry date of your current Membership Package or roll it into an Ongoing Package.
    15. You agree that you are solely responsible for maintaining the confidentiality of your Account details, including your password.
  3. Pricing

    1. Torque Crew reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all Fees for a Membership Package are subject to change in our sole discretion. We will notify you of any Fee increase no later than 10 days before the end of the current billing cycle.
    2. If we do not notify you 10 days before the end of your current billing cycle of a Fee increase, to the maximum extent permitted by law, your sole remedy is to continue your current Membership Package at the existing price for 10 days. After that period, you may terminate the Membership Package with immediate effect (provided that you give us notice of termination within that 10-day window) or continue the Membership Package at the increased Fee.
    3. Unless specified otherwise, Fees displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST.
    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 from the Website. Where applicable, you must pay such taxes or duties, without deduction or set off, at the same time and on the same basis as you pay the Fees.
  4. Cancellation

    1. You may cancel your Membership Package at any time, at least two (2) business days prior to your next Renewal Date, via the Account Settings page.
    2. If you cancel your Membership Package, its benefits will continue until the end of the then-current Membership Duration, but the Membership Package will not be renewed after that. Except in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Membership Package without cause, you are not entitled to a prorated refund of any portion of the Fees already paid for the then-current Membership Duration.
    3. Torque Crew provides remedies (such as cancellation or renewal of your Membership Package, or where necessary, a refund) if the Membership Package is not provided in accordance with the Australian Consumer Law.
  5. Discounts and events

    1. By purchasing a Membership Package, you may receive access to discounts, promotions, events and offers (Offers) from us or third-party service providers (Service Providers). For the avoidance of doubt, we merely provide a platform for you to access such Offers, and unless stated otherwise in writing, we do not directly run the Offers ourselves.
    2. You acknowledge and agree that the Offers are subject to their own terms and conditions as set out in or with the Offer (or by the Service Provider).
    3. You agree that, to the maximum extent permitted by law:
      1. we are not liable for any information published or provided by any Service Provider;
      2. we do not endorse any Service Provider or their goods/services;
      3. the Service Provider is solely liable and responsible for the Offers, their redemption, and the provision of their goods/services;
      4. you will direct any issues relating to the Offers to the Service Provider directly;
      5. we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information you provide to a third party, including a Service Provider;
      6. we are not liable for any punitive, special, indirect or consequential loss, damage, injury or costs incurred by you arising from or in connection with any act, omission or negligence of a Service Provider; and
      7. we are not an agent for any Service Provider and have no responsibility or liability for their communications, conduct, or fulfilment of any Offer.
    4. We reserve the right to deactivate, cancel or remove any Offer at any time and for any reason with written notice to you.
    5. You agree that a Service Provider may, at its sole discretion, reject the redemption of an Offer if your redemption breaches that Offer’s terms and conditions or the Service Provider's policies.
    6. Offers cannot be transferred or redeemed for cash and are not legal tender.
  6. Trade Promotions

    1. If you make a purchase with us, including a purchase of a Membership Package, you may receive entries into a competition, contest, giveaway or trade promotion conducted by us (Trade Promotion(s)), as specified at checkout. You acknowledge that each Trade Promotion will be subject to its own terms and conditions (Trade Promotion Terms) as provided on the relevant Trade Promotion webpage, and you agree to comply with those Trade Promotion Terms.
    2. Upon cancellation of your Membership Package, you will remain bound by any Trade Promotion Terms for a Trade Promotion that commenced prior to your cancellation date until that Trade Promotion no longer applies or has concluded.
    3. We reserve the right to modify, suspend or terminate any Trade Promotion at our sole discretion.
    4. You acknowledge and agree:
      1. that any and all disputes, claims and causes of action arising out of or connected with your Membership Package or a Trade Promotion must be resolved individually without resort to any class action;
      2. that in addition to the limitation of liability in clause 14, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering the Trade Promotion, and under no circumstances will Torque Crew be liable for any legal fees;
      3. to waive all rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased beyond actual out of pocket expenses; and
      4. in the event a Trade Promotion is compromised by unauthorised human intervention or other causes beyond our reasonable control, Torque Crew may suspend, modify or terminate your Membership Package and/or your entry in such Trade Promotion.
    5. If you choose to participate in any Trade Promotion and are selected as a winner, you agree that Torque Crew may use your name, likeness, voice, or image (including any photograph) in marketing, without any fee or further reference to you.
    6. This clause survives the termination of these Terms.
  7. Your information, errors and access

    1. Current Information Required

      You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep such information updated (including any changes in billing address, credit card number or credit card expiration date).
    2. Where your chosen payment method is cancelled (e.g., due to loss or theft) or if you are aware of a potential breach of security related to your chosen payment method, you agree to notify Torque Crew immediately. Failure to do so may result in charges continuing to be made to your current payment method for the Membership Package, and you acknowledge that you remain responsible for any such charges until updated details are provided.
    3. Errors and Incorrect Payments

      Torque Crew reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Membership Package. We may, in our absolute discretion, return or refund some or all of an incorrect payment or require additional payment if an underpayment has been made.
    4. Termination or suspension of your access or use of the Services

      (Note: In the PDF, detailed termination provisions are under clause 9. To keep the exact same HTML structure here, you can either leave this placeholder or copy any relevant overlap from the “Termination” section. In many instances, you could leave this blank or simply note that all termination details are under Heading 9 below.)
  8. Orders and cancellations

    1. No specific ordering or goods-shipping terms apply under this version of Torque Crew’s Membership Terms. Membership purchase details are outlined under “Subscriptions and One-Time Packages.”

  9. Termination

    1. You may terminate your Membership Package by cancelling via your Account Settings. Your Membership Package will terminate at the end of the current Membership Duration.
    2. Without prejudice to any other remedies, Torque Crew may immediately terminate these Terms or limit or suspend your access to the Services, Membership and Website at any time without notice if:
      1. you are in breach of any obligation under these Terms that is not remedied within seven (7) days of receiving written notice from us;
      2. you have breached these Terms in a way that cannot be remedied;
      3. any amount payable to Torque Crew becomes overdue or we believe you will be unable to make a payment when it falls due;
      4. you become or are suspected to be insolvent, convene a meeting with creditors, or make an assignment for their benefit; or
      5. a receiver, manager, or liquidator is appointed in respect of you or your assets,
      and any amounts owing to Torque Crew at that time become immediately due and payable.
    3. If we terminate these Terms under clause 9.2, Torque Crew will be released from its obligations to you and is not liable to refund any pre-paid Fees or for any loss. If your Membership is terminated due to your breach, you agree not to create another account without Torque Crew’s prior written consent.
    4. Torque Crew may terminate these Terms at any time, for any reason, on five (5) days’ notice. In such a case, we may (at our discretion):
      1. continue to provide your Membership Package benefits until the end of your current Membership Duration and cease providing benefits after that; or
      2. cease providing benefits at the end of the notice period and offer a prorated refund for any unused portion of Fees paid.
      Torque Crew will not be liable for any further loss or damage arising from exercising its rights under this clause.
    5. You acknowledge and agree that Torque Crew may suspend the Services (including your access to the Website or any part thereof) until any relevant Fees are fully paid or any breach of these Terms is remedied.
    6. Upon termination of these Terms, Torque Crew may immediately remove or disable access to the Website and Services, and/or delete your Account and data.
  10. Intellectual Property

    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 Website and Services are owned by or licensed to Torque Crew and are protected by intellectual property laws.
    2. You may access and use the information on our Website under a limited, revocable, non-sublicensable licence solely for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed to any other computer, server, website, or other medium for any commercial enterprise without our prior written consent.
    3. Unless explicitly stated, nothing in these Terms confers any licence to or assignment of Torque Crew’s intellectual property rights, whether by estoppel, implication or otherwise. Torque Crew reserves all rights not expressly granted.
  11. Privacy

    1. You agree to allow Torque Crew to send you emails about the Website and Services, including information regarding our goods and services, in accordance with our Privacy Policy. Please review our Privacy Policy for more about how we collect, handle and protect your personal information.
  12. Unauthorised access and malicious materials

    1. You must not attempt to gain unauthorised access to our Website or Services, or any server, computer, or database connected to our Website. You agree not to harm our Website through hacking, phishing, or introducing malicious code such as viruses, trojans, or scripts.
    2. To the maximum extent permitted by law, we will not be liable for any direct or indirect losses, damages, or harm (including loss of profits or goodwill) caused by malicious or harmful programs, scripts, system failures, or other harmful materials that may affect our Website or Services, nor for any damage to your computer, device, programs, data, or proprietary material. You release us from any such liability.
  13. Third Parties

    1. Our Website and Services may contain links to websites owned or operated by third parties. Such links do not constitute sponsorship, approval, or endorsement of those websites, their content or policies, unless expressly stated by us. We recommend reviewing the terms and privacy policies of any third-party site. We accept no liability for any information or privacy practices of a third-party website.
    2. Torque Crew makes no representations or warranties regarding any third-party goods, services, or discounts and accepts no liability for them. Such goods, services, or discounts are subject to the third party’s applicable terms and conditions.
  14. Limitation of Liability

    1. To the maximum extent permitted by law, neither Torque Crew nor its employees or agents are liable for any loss, damage or injury whatsoever (including negligence, death, personal injury, special, indirect or consequential loss such as loss of profit, revenue, data or goodwill) arising from or in connection with:
      1. any act or omission, or any use of or reliance on information, comments or opinions obtained through our Website or Services;
      2. any use or access to our Website or Services, including situations in which the Services are temporarily unavailable;
      3. any errors or omissions in the information contained in the Website or Services;
      4. any goods or services supplied by Torque Crew; or
      5. these Terms or any breach of these Terms.
    2. You understand and agree you are responsible for your own acts and omissions, and for their consequences in relation to your use of the Website and Services.
    3. To the maximum extent permitted by law, Torque Crew’s liability under these Terms is limited to one or more of the following (at our option):
      1. the replacement of the goods or re-supply of equivalent goods or services;
      2. the repair of such goods or services;
      3. the cost of replacement or acquiring equivalent goods or services, or a refund of the purchase price; or
      4. the cost of having the goods repaired.
    4. To the extent permitted by law, Torque Crew disclaims all warranties of any kind unless expressly required under the Australian Consumer Law. Nothing in these Terms excludes any rights or remedies which cannot be excluded, restricted or modified.
    5. This clause survives termination of these Terms.
  15. Disclaimer of Warranty

    1. Torque Crew provides the Sites and their contents on an “as is” basis, and your use is at your own risk. While we aim to keep the Sites updated, neither Torque Crew nor its employees or agents make any representation or warranty regarding the accuracy, completeness, currency or reliability of the information contained therein.
    2. We reserve the right to restrict access to the Website and/or Services, or to change or withdraw goods, content or information featured in our Services, without notice. You acknowledge our complete editorial control over the Website and Services and that we may amend or cease operation of any part of the Website or Services at any time, at our sole discretion.
  16. Release and Indemnity

    1. You agree to release, indemnify, and hold harmless Torque Crew, its affiliates, agents, and employees from any claims, demands, proceedings, losses, or damages of any kind (including legal fees on a full indemnity basis) arising from or in connection with your use or purchase of goods or services from Torque Crew, your access or use of the Website and Services, any breach of these Terms, or your violation of any law or the rights of a third party.
    2. This clause survives termination of these Terms.
  17. Amendments and correction of errors

    1. Torque Crew reserves the right to amend these Terms from time to time as it sees fit. Any amendments become effective from the date the amended Terms are published.
    2. While we may endeavour to notify you of changes to our Terms (e.g., by email or a notice on our Services), it remains your responsibility to check this page and ensure you are aware of the most current version of these Terms.
    3. Torque Crew reserves the right to correct any errors in the Website or Services (including pricing errors) and to change any prices or goods at any time without notice to you.
  18. General

    1. Waiver: Any failure or delay by Torque Crew to exercise a power or right does not operate as a waiver of that power or right. This clause survives termination of these Terms.
    2. Force majeure: If we are unable to perform any obligation under these Terms because of circumstances beyond our reasonable control, we are relieved of that obligation to the extent of the inability. Torque Crew will not be liable for any delay or failure in performing any part of the Services.
    3. Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, that part is severed and does not affect the validity of the remaining Terms. This clause survives termination of these Terms.
    4. Relationship: These Terms do not create a partnership, agency, employment or franchise relationship between you and Torque Crew, unless otherwise expressly stated.
    5. Entire agreement: These Terms (including all other conditions and policies referred to) and any additional policies or terms you agree to through your use of the Website or Services form the entire agreement between you and Torque Crew. They supersede all prior agreements or understandings, written or oral. If there is any inconsistency between these Terms and additional terms, the additional terms prevail. This clause survives termination.
    6. Jurisdiction: These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and their appellate courts. If you access the Website or Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with local laws. This clause survives termination.