1. AGREEMENT TO THESE TERMS
- Welcome to the website autoic.com.au which includes the subdomain portal.autoaic.com.au (Site) of AIC Auto Innovation Centre Pty Ltd (ABN 87 634 944 657) (we, us and our). The Site acts as a platform for users (you and your) to subscribe to access our products and services.
- By accessing and using this Site, you agree to be bound by these Terms. These Terms constitute a binding agreement between the parties and govern your use of this Site which includes the information on the Site.
- By using this Site you represent and warrant to us that you are at least 18 years of age, located in Australia and a natural person (which includes a natural person who is authorised to act on behalf of an entity). Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardians.
2 REGISTRATION AND ACCOUNT SECURITY
- We reserve the right to make any parts of this Site accessible only to registered account holders.
- Upon registration with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this Site with your username and password is you.
- You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
- By registering an account with this Site, you
- these Terms;
- the Terms of Sale relating to the purchase of our products and services available to registered account holders,
- a valid email address;
- payment of the initial annual subscription fee on registration and subsequent annual subscription fees by the nominated due date to renew your access to the account for a further term [link] (Subscription Fees);
- an executed copy of the non-disclosure agreement linked to these Terms [link];
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by us during the registration process.
- You must promptly update this information to maintain its accuracy at all times.
- You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
- One person may not maintain more than one account with this Site. Accounts registered by “bots” or other automated methods are not permitted.
- We reserve the right to accept or reject any application for registration of an account with this Site at our discretion.
- We reserve the right to change the price of the Subscription Fee.
and to provide us with:
2.10 Unless otherwise expressly stated, all amounts payable through your use of this Site exclude GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3 PURCHASING OUR PRODUCTS AND SERVICES
- Registered account holders may purchase our products and services. If you are not a registered
account holder and would like to purchase one or more of our products or services please contact us directly for assistance [link].
- The purchase of our products and services is governed by the Terms of Sale [link].
4 PAYMENT METHODS
- In addition to other payment methods, payment for Subscription Fees and our products and services placed through this Site may be made by credit card (Visa or MasterCard only) processed online using a secure third party payment gateway.
- Only Visa and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
- Except as expressly provided otherwise in these Terms, all amounts paid through this Site are non-refundable. Further information on the steps that we will take to remedy any breach of any non-excludable condition or warranty/ guarantee is provided in clause 9.
- While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
- We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
5 INTELLECTUAL PROPERTY
- In these Terms, the term “Proprietary Content” means:
- this Site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by us in connection with the products and services offered through this Site (whether hosted on the same server as this Site or otherwise).
- All Proprietary Content is our property or the property of its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with our prior written consent or the prior written consent of the other copyright owner (as applicable).
- You may download and print out content that is not available for purchase from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. The use of content, and products and services, available for purchase from this Site, including intellectual property in respect of content, and products and services for purchase, is governed by the Terms of Sale.
- Our logo and the words “AIC Auto Innovation Centre” are our trademarks. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are our trademarks, service marks and/or trade dress. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.
- In these Terms, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
- This Site contains some features that may enable you to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part f any User Content at our absolute discretion. In respect of any User Content that you upload, you:
- represent and warrant to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.
- If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
6 RESTRICTIONS ON SITE USE
- Your use of this Site is subject to the rules set out in Schedule 1 below and you must not do, participate or otherwise engage in any of the prohibited conduct set out in Schedule 1.
- You must:
- only use the Site for lawful purposes;
- not contravene any laws when using the Site; and
- not infringe another person’s rights when using the Site
- We are not liable or responsible for your unlawful use of the Site, or for your infringement of another person’s rights and you agree to provide us with the indemnity set out in clause 6.5 in relation to your unlawful use of the Site or infringement of another person’s rights when using the Site.
- Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this Site or any part of this Site, if:
- you breach any provision of these Terms including the Terms of Sale (if applicable);
- we are unable to verify or authenticate any information that you provide to us; or
- we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regard in any way to be objectionable or in violation of any applicable law, any 23453-3337-1927, v. 1 person’s intellectual property rights or these Terms; and
- refund to you, on a pro-rata basis, any part of the Subscription Fee paid that relates to the unused portion of that subscription less any outstanding amounts owed by you to us.
- You indemnify and hold harmless us and our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis), including without limitation from any third party claim, suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) your use of, or connection to, this Site; or
(c) your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
7 AUSTRALIAN CONSUMER LAW
- Any limitation of liability in clause 9.1 or clause
- or otherwise provided in these Terms, does not apply if it would restrict, modify or exclude your rights in a way that is not permitted under Australian Consumer Law or any other applicable law. ‘Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.
8 DISCLAIMER OF WARRANTIES
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth,availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this Site will meet your requirements or expectations;
- anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
- the quality of any information or other material on the Site, or purchased or obtained directly or indirectly through this Site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this Site or the servers that make it available are free of viruses or other harmful components.
9 LIMITATION OF LIABILITY
- To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site, including the products and/or services, by you or any other person, including, without limiting the foregoing in respect of the quality, suitability, fitness for purpose or nature of any products and/or services identified on this Site or set out in any information provided on this Site in any form whatsoever, and third party cyberattacks.
- To the maximum extent permitted by law, we our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit our liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
- in the case of products, to any of the following:
- the replacement of the products or the supply of equivalent products;
- the repair of the products or the payment of the cost of having the products repaired; or
- the payment of the cost of replacing the products or of acquiring equivalent products; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You agree that your use of this Site, including the services, is at your own discretion and risk. To the maximum extent permitted by law, you agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site, including the services, by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
- In these Terms, the following rules of interpretation apply:
- headings are for reference purposes only and inno way define, limit or describe the scope or extent of any provision in these Terms;
- these Terms may not be construed adversely against us solely because we prepared them;
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a 33453-3337-1927, v. 1 partnership, an unincorporated body, an association, a government body or any other entity;
- a reference to “Site” includes any subdomains, products and services; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
- To the maximum extent permitted by law, and without limiting any other provision of these Terms, we exclude liability for any delay in performing any of our obligations under these Terms where such delay is caused by circumstances beyond our reasonable control (including without limitation as a result of any strike, war, terrorist attack, trade dispute, fire, flood, tempest, theft, epidemic, pandemic or breakdown in machinery of any kind, disruption to electricity (or any other utility), or breakdown or disruption of any electronic communication support system), and we shall be entitled to a reasonable extension of time for the performance of such obligations.
- We may provide any notification for the purposes of these Terms by email.
- Except as specifically provided in these Terms, each party must bear their own costs associated with these Terms.
- You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without our prior written consent.
- We may assign, transfer or sub-contract any of our rights or obligations under these Terms at any time without notice to you.
- Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
- The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be read down or removed and the remaining provisions shall be enforced.
- We reserve the right to amend these Terms and any other policy on this Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the services offered through this Site.
- You may only vary or amend these Terms by written agreement with us.
- These Terms will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
SCHEDULE 1 – PROHIBITED CONDUCT
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
- use this Site by any automated means;
- use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this Site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
- reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this Site;
- do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in this Site;
- use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without our prior written consent; or
- use this Site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or 43453-3337-1927, v. 1
- likely to bring us or any of our officers, employees, agents, consultants, licensors, partners and affiliates into disrepute. 53453-3337-1927, v. 1