About these terms of use
These terms of use apply to this website. This website is operated by Motorcave Pty Ltd ACN 604 430 640.
By using this website, you accept these terms of use and an agreement is formed between us and you incorporating these terms of use.
If you do not accept these terms of use, you must not use this website.
Online services
This website includes various online services that are available to you if you comply with these terms of use. For example, after you open an online account with us you can start sharing your thoughts, photos and videos with our online community. We may from time to time make changes designed to improve the functionality and features offered in this website without notice.
Your account
Opening an account
Before you use any of the online services available via this website, you need to open an online account with us.
Opening an account is easy, all you need to do is complete the online registration process on this website by honestly and accurately providing all information requested. The online registration process includes a feature that requires you to confirm your acceptance of these terms of use. You must not open multiple online accounts with us.
If you are under 18 years old, you must have your parent or guardian open an account on your behalf and your parent or guardian must confirm acceptance of these terms of use during the signup process.
Your account will continue to stay open unless it is cancelled in accordance with section 8 below.
Profile name and image
When you open an account you must choose a profile name (which may or may not be your real name) and you may choose a profile image. Please think carefully when choosing your profile name because once submitted you will not be able to change it. You must ensure that your profile name and profile image comply with the Content submission rules set out in section 4.3 below. Without limitation, you must ensure that your profile name and image does not include:
- any trade marks or copyright works which you do not own or have a licence to use;
- anything which may confuse or deceive other users of this site (for example, you cannot misrepresent that you work for, or speak on behalf of, a car manufacturer); or
- any explicit words or pornographic images.
No account fees or charges
Currently there are no fees or charges for opening an account with us or using the online services currently available via this website. If we decide in the future to introduce any new or enhanced online services that must be paid for before being used, you will have the option to upgrade your free account to a paid account by accepting the terms of use that will specifically apply to paid online services.
Security of your account
Only you may use your account. You must keep your account details secret and secure. You are solely responsible for the activity that occurs in relation to your account. You must notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your account.
Content on this website
Content
These terms of use apply to all text, images, logos, data, drawings, photographs, tables, designs, trade marks, software and audio, video and other file types contained in or on this website (including profile names and profile images) (Content).
Use of Content
You may only use Content in accordance with these terms of use and as permitted by law.
You must not use, copy, reproduce, communicate, publish, adapt, distribute, transmit, broadcast, display, sell, licence or exploit any Content for any purpose other than is strictly necessary for you to use the online services available via this website, unless you are, or have authority from, the Content owner.
Submission requirements
You may submit Content in accordance with the features and functionality forming part of the online services available via this website, subject to each of the following requirements:
- you must either own, or have a licence to use, all intellectual property rights in the Content that you submit to this website;
- if you only have a licence to use the Content that you submit to this website, that licence must permit you to submit that Content to this website and to grant us a Licence to that Content in accordance with section 4.5 below;
- the Content that you submit must not:
- infringe any intellectual property rights of us or any third party;
- be misleading or deceptive, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, discriminatory, threatening, abusive, inflammatory or otherwise objectionable (in our sole discretion); or
- contain any viruses, time bombs, cancelbots, Trojan horses, worms or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Removing Content
We may immediately and without notice remove any Content from this website (including any Content submitted by you) if we have reason to believe that it does not comply with these terms of use, was not submitted in accordance with these terms of use, or if we consider, in our sole discretion, that the Content is unsuitable or inappropriate to be published on this website.
We will not be liable to you for any loss or damage you suffer as a result of us removing Content from this website.
If you want us to remove any Content that was submitted by you, please notify us and we will make reasonable efforts to remove it.
If you think that any Content submitted by a third party infringes any of your rights, or otherwise does not comply with these terms of use, please immediately notify us and we will take such steps as we deem appropriate to deal with your concerns within a reasonable time frame.
Intellectual property rights
The intellectual property rights (including copyright and trade mark rights) in Content is owned by or licensed to us.
We do not claim ownership in any of the Content that you submit.
At the time that you submit Content you grant us a permanent royalty-free non-exclusive worldwide licence to use, copy, reproduce, communicate, publish, adapt, distribute, transmit, broadcast, display, sell, licence or exploit that Content (or any part of it) for any purposes related to this website (including advertising and promoting this website) (Licence).
Warranty
You warrant that:
- all Content that you submit to this website:
- complies with the submission requirements specified in section 4.6; and
- can be lawfully published by us on this website; and
- you have the right to grant us the Licence granted under section 4.5 in respect of each item of Content which you submit to this website.
Information on this website
Accuracy and currency of information
All information on this website (including information you obtain using the online services available via this website) is subject to change without notice and is provided on an “as is” basis. We make no guarantees that information on this website is correct, accurate or current, and you rely on such information at your own risk.
Advertisements and links to third party websites
This website may contain advertisements placed by third party entities. The placement of such advertisements on this website does not imply or constitute our recommendation or endorsement of any advertised product or service, and all responsibility for the content of any such advertisements, and any representations or warranties made in such advertisements, rests solely with the third party advertiser.
This website may also contain links to other websites which are not maintained or controlled by us or our related companies. These links are provided solely for your convenience, and we do not endorse or accept any responsibility for, the content or use of any third party website linked to from this website.
Relationship with us
You acknowledge and agree that this website is merely a portal site or passive conduit for allowing its users to interact with each other and that we do not endorse or independently verify any Content or information submitted to this website by other users.
You acknowledge and agree that any relationship between you and any other user of this website is strictly between those parties and we are not involved in any way with such relationships.
General restrictions on use
You must not use this website to do or attempt any of the following:
- use the online services available via this website other than for personal, domestic or private use;
- on-supply or resell the online services available via this website;
- interfere with other users’ use of this website;
- harass, threaten, defame, stalk, abuse or otherwise violate the legal rights (such as rights of privacy) of others;
- cause harm (whether financial or not) to us, our affiliates or other users of this website;
- attempt to obtain unauthorised access to this website or portions of this website that are restricted from general access or which you do not have access to;
- disrupt or interfere with the security of this website or any parts of it, or damage, disable, overburden or impair this website or any networks connected to or accessible through this website;
- access this website using any automated process or service (such as a bot or spider) without our permission;
- transmit through or on this website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- remove or delete any legal or proprietary notices or author attributions contained on this website;
- engage in, facilitate or further any unlawful conduct; or
- solicit other users of this website for commercial purposes.
Cancellation of your account
By you
You may cancel your account at any time and for any reason by notifying us (using our contact details in section 14 below). We will use reasonable endeavours to affect such cancellation within 3 business days of being provided with notice of such cancellation.
By us
We may cancel your account with or without notice to you if you breach (or if we have reason to believe you may breach or you intend to breach) any part of these terms of use. We may also cancel your account if you fail to access it for a consecutive period of more than 12 months.
Effect of your account being cancelled
Cancellation of your account will automatically and immediately result in termination of the agreement between us and you regarding your use of this website. However, sections 4.2, 4.4, 4.5, 4.6, 5, 6, 7, 8.3, 8.4, 9 and 13 survive such termination.
Content after cancellation
You are solely responsible for backing up the Content you submit to this website or store in the course of using this website.
Following cancellation of your account for any reason:
we may at our discretion permanently delete from our servers any Content submitted by you; and
we have no obligation to remove from this website or return to you any Content submitted by you.
No warranties, our liability and your indemnities
No warranty and our liability
Nothing in these terms of use in any way affects your rights under the Competition and Consumer Act 2010 (Cth).
To the fullest extent permitted by law:
- this website and all Content is provided by us “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to implied representations, warranties or conditions of merchantability, or fitness for a particular purpose, and without limitation we do not represent or warrant that this website or any Content will meet your requirements, be free from viruses or other harmful content or components, that its use will be uninterrupted or error free, or that data loss will not occur; and
- our liability and responsibility to you under or incidental to these terms of use is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
If, notwithstanding the provisions of this section 9.1 a court of competent jurisdiction holds that we are liable in respect of any matters arising under or incidental to these terms of use, to the fullest extent permitted by law, such liability will be limited to AUD$100.
Your indemnity
You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage or claim that we suffer or incur in relation to:
any breach by you of these terms of use, including any breach by you of a warranty given by you under section 4.6; or
any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of this website.
Variation of these terms of use
We reserve the right to vary these terms of use from time to time without providing you with notice. Any variation made to these terms of use will be effective immediately upon their posting to this website, and your continued use of this website will represent your agreement to be bound by the varied terms of use.
Privacy
We collect your personal information during the registration process so that we may create an online account for you to allow you to use the online services. Except as we deem necessary to operate this website or as otherwise permitted under the Privacy Act 1988 (Cth), we will not provide any of your (identifiable) personal information to a third party. You acknowledge that the servers on which we store your personal information may be operated by a third party and may be located outside of Australia.
Users outside Australia
We make no representations or warranties that this website, the online services available via this website or any Content complies with the laws of any country that is not Australia. If you access this website outside Australia, you do so at your own risk.
General matters
Definitions
Terms that are defined anywhere in these terms of use have the same meanings anywhere else they appear in these terms of use.
Interpretation
In these terms of use, unless the contrary intention appears:
- words importing the singular include the plural and vice versa;
- references to sections are to sections of these terms of use;
- references to the words include and including must not be interpreted as being limiting;
- references to legislation include any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; and
- headings will be ignored in construing these terms of use.
Our employees and agents
None of our employees or agents have the authority to vary these terms of use in individual cases.
Dispute resolution
Where there is a dispute between you and us, you agree to resolve that dispute promptly and in good faith. If we are not able to promptly resolve the dispute, then either party may submit the dispute for non-binding impartial mediation before a mediator located in Melbourne, Australia. If the dispute is not resolved by mediation, either party may pursue any remedy available to it under the laws of Victoria, Australia.
Transferring rights
You must not transfer your rights or obligations under these terms of use to any person without our prior written consent. We may transfer our rights and obligations under these terms of use to any person at any time without notice to you.
Governing law and jurisdiction
These terms of use are governed by the laws in force in the State of Victoria, Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia (including the Federal Court of Australia).
Severability
The provisions of these terms of use are severable and the invalidity of any provision of these terms of use does not affect the validity of the remaining provisions.
Waiver
Any delay or failure by us to enforce any rights under these terms of use does not constitute waiver.
Contacting us
You can contact us in relation to this website and these terms of use as follows:
Email: [email protected]
Last revised 20 June 2015.