Terms of service

Last updated: March 30, 2026

These Terms & Conditions ("Terms") govern your access to and use of the website and services operated by Motocush ("we", "us", "our").

By accessing or using this website, placing an order, or using any of our services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

These Terms should be read together with our Privacy Policy and Return & Refund Policy.

1. Legal Framework (Australian Customers)

These Terms are governed by and construed in accordance with the laws of Australia, including but not limited to:

  • The Australian Consumer Law (ACL), as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

  • The Privacy Act 1988 (Cth)

  • The Electronic Transactions Act 1999 (Cth)

  • The Spam Act 2003 (Cth)

Nothing in these Terms excludes, restricts, or modifies any right or guarantee you are entitled to under the ACL or any other applicable Australian law that cannot lawfully be excluded.

2. General Provisions

2.1 These Terms apply to all users of the website, including browsers, customers, and contributors of content.

2.2 We reserve the right to update or modify these Terms at any time. Changes take effect upon publication on this page. Continued use of the website after any update constitutes acceptance of the revised Terms.

2.3 If any conflict exists between these Terms and your rights under the ACL or other applicable Australian law, your statutory rights prevail.

3. Online Store & Product Information

3.1 We take reasonable care to ensure that product descriptions, images, and prices are accurate. However, images are for illustrative purposes only and actual products may vary due to screen settings, manufacturing differences, or packaging updates.

3.2 We do not guarantee that product colours, textures, or finishes displayed on your device are an exact representation of the delivered product.

3.3 We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice, subject to your rights under the ACL.

3.4 Under the ACL, goods must be of acceptable quality, match their description, and be fit for purpose. Where a product fails to meet these guarantees, your rights under the ACL apply regardless of any other limitation in these Terms.

4. Order Acceptance & Processing

4.1 All orders are subject to acceptance by us. An order confirmation email does not constitute our acceptance of your order.

4.2 We may refuse or cancel an order for reasons including, but not limited to:

  • Product unavailability

  • Pricing or description errors

  • Payment authorisation failure

  • Suspected fraud or misuse

  • Technical or system errors

4.3 If your order is cancelled by us, any payment received will be refunded in full to your original payment method within a reasonable time.

5. Shipping & Delivery

5.1 Orders are typically processed within 1–2 business days, excluding weekends and Australian public holidays.

5.2 Delivery timeframes provided are estimates only and are not guaranteed. Delays caused by third-party carriers, customs, or circumstances outside our control do not entitle you to cancel your order or claim a refund, except where required by the ACL.

5.3 Once an order has been dispatched, responsibility for physical delivery passes to the courier. Risk of loss or damage passes to you upon delivery to the address you provided.

5.4 Where tracking information confirms delivery to the address provided by you, the order is deemed delivered. We are not liable for loss or theft occurring after confirmed delivery.

5.5 You are responsible for providing accurate and complete shipping information. We are not liable for delays, failed deliveries, or losses resulting from incorrect or incomplete address details supplied by you.

6. Cancellations

6.1 You may request a cancellation before your order is dispatched by contacting us at support@motocush.com.

6.2 Due to our fast order processing, we cannot guarantee that cancellation requests will be fulfilled. If your order has already been dispatched, our Return & Refund Policy applies.

7. Returns & Refunds

7.1 Our Return & Refund Policy forms part of these Terms and is incorporated by reference.

7.2 Under the ACL, you are entitled to a remedy where goods are faulty, unsafe, not of acceptable quality, or not as described. These rights exist independently of and in addition to any rights granted under our store Return & Refund Policy.

7.3 Promotional or discounted items may be subject to limited return eligibility under our store policy, but this does not affect your statutory rights under the ACL.

8. Pricing & Payments

8.1 All prices are displayed in Australian Dollars (AUD) and include Goods and Services Tax (GST) at the applicable rate, unless otherwise stated.

8.2 We accept the payment methods displayed at checkout. Payment must be received in full before your order is processed.

8.3 By placing an order, you authorise us and our third-party payment providers to verify your payment information and identity where necessary.

8.4 We take reasonable technical security measures to protect payment data. Payment card details are processed solely by certified third-party payment providers and are not stored on our systems.

9. Consumer Guarantees Under the ACL

9.1 Under the ACL, our products come with guarantees that cannot be excluded. You are entitled to:

  • A replacement or refund for a major failure

  • Compensation for any other reasonably foreseeable loss or damage

  • Have goods repaired or replaced where they fail to be of acceptable quality and the failure is not a major failure

9.2 A "major failure" includes circumstances where the product is substantially unfit for purpose, unsafe, or significantly different from its description, and cannot easily be remedied.

9.3 These guarantees are in addition to any rights granted under our store Return & Refund Policy.

10. Resale & Commercial Use

10.1 Products purchased from this website are intended for personal use only.

10.2 Resale, redistribution, or commercial use of our products without prior written authorisation from Motocush is strictly prohibited.

11. User Conduct

11.1 You agree not to misuse the website or Services, including by:

  • Engaging in unlawful, fraudulent, or abusive conduct

  • Introducing malware, viruses, or harmful code

  • Interfering with the functionality or security of the website

  • Posting content that is offensive, defamatory, misleading, or in breach of any applicable Australian law

11.2 We reserve the right to suspend or terminate your access to the website at our reasonable discretion, without notice, where we believe you have breached these Terms.

12. User Content

12.1 By submitting reviews, comments, photos, or other content to our website or platforms, you grant Motocush a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, and publish such content in connection with our business and marketing activities.

12.2 You confirm that any content you submit does not infringe the intellectual property, privacy, or other rights of any third party, and does not violate any applicable Australian law.

12.3 We reserve the right to remove any user-submitted content at our discretion.

13. Intellectual Property

13.1 All content on this website, including but not limited to text, images, graphics, logos, product descriptions, and software, is owned by or licenced to Motocush and is protected by Australian and international intellectual property laws.

13.2 You must not reproduce, distribute, or exploit any content from this website without our prior written consent.

14. Limitation of Liability

14.1 To the maximum extent permitted by the ACL and applicable Australian law, our total liability to you for any claim arising from your use of the Services or purchase of a product is limited to the amount paid by you for the relevant product.

14.2 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss or damage, including loss of profit, loss of data, or loss of business opportunity, arising from your use of the Services.

14.3 Nothing in these Terms is intended to exclude, restrict, or modify any right or guarantee under the ACL or any other applicable Australian law that cannot lawfully be excluded. Where our liability cannot be excluded, it is limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify and hold harmless Motocush and its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Services, or your violation of any applicable law or the rights of a third party.

16. Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms where such delay or failure arises from events beyond our reasonable control, including but not limited to natural disasters, pandemics, customs delays, industrial action, carrier disruptions, or government restrictions.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under Australian law, that provision will be severed from these Terms. The remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Motocush with respect to your use of the Services, and supersede all prior agreements, representations, or understandings.

19. Communications

19.1 Transactional communications, including order confirmations, shipping updates, and service-related messages, are a necessary part of the Services and cannot be opted out of while you hold an active account or order.

19.2 Marketing communications are sent only where permitted under the Spam Act 2003 (Cth). You may opt out of marketing emails at any time by clicking "Unsubscribe" in any marketing email or by contacting us at support@motocush.com.

20. Governing Law & Dispute Resolution

20.1 These Terms are governed by the laws of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State or Territory in which you reside.

20.2 We encourage you to contact us in the first instance to resolve any dispute. If a resolution cannot be reached, you may seek assistance from:

  • The Australian Competition and Consumer Commission (ACCC): www.accc.gov.au

  • Your relevant State or Territory Consumer Affairs body

The Australian Financial Complaints Authority (AFCA) for payment-related disputes: www.afca.org.au