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CUSTOM CARS ONLINE WEBSITE TERMS OF USE PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE GENERAL TERMS 1.1 Welcome to the CUSTOM CARS ONLINE (CCO) Website. The website is owned, operated and maintained by CCO and has been created for your general viewing. 1.2 Please note that your access to this website is subject to your acceptance and compliance with this agreement. By using the website, you agree to be bound by this agreement and any amendments to it. If you do not agree to any of the terms and conditions of this agreement or any amendments, please stop using the Website immediately. 1.3 We may amend this agreement at any time without notice. Any amendments to this agreement will be effective as soon as they are posted to the website. By using this website you agree to be bound by any changes to this agreement. SUBSCRIPTIONS TO THE CCO WEBSITE 2.1 Membership is only open to individuals over the age of 16. 2.2 You are entirely responsible for the confidentiality and use of your username and password. CCO does not take any responsibility for misuse of membership details. Please notify us immediately if you become aware of any unauthorised use of your username and/or password. 2.3 Communication and notifications with you shall be through the email address that you provide on registration. You should notify us promptly if there is any change in the details you provided on registration. 2.4 By initiating a subscription, you agree to be added as a subscriber to our notifications. Our notifications may include special offers or incentives from our selected partners. MEMBERSHIP TERMINATION 3.1 CCO may terminate this agreement at any time without cause by giving notice to the owner in writing if: (1) you breach this Agreement or the terms of any other policy or document incorporated into this agreement by reference; (2) you act in any manner which we believe is unlawful, or which we believe may give rise to legal liability for you or CCO; or (3) we are unable to verify or authenticate any information you provide us. If this Agreement terminates you are no longer authorised to access the Website. CONDITIONS OF WEBSITE USE 4.1 You may not use the Website in any manner or for any purpose that is unlawful, that violates any right of CCO or any other person, or that is prohibited by this agreement. In particular, but without limitation, it is a condition of your use of and/or access to the Website that you do NOT do any of the following: (1) use any mechanism, software or other scripts in relation to the website which could disrupt or interfere with the website or any servers, software, hardware or equipment connected to or via the website; (2) distribute or transmit any Content of any kind which contains a virus or other harmful component; (3) distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Members or Users; (4) violate any Applicable Law relating to your use of the website; or In order to protect other users, and CCO from inappropriate use of the website, you warrant, without limitation, that Your Information: (1) relates directly to cars, or activities associated with cars; (2) is owned by you; (3) does not infringe any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) is not false, inaccurate, misleading or fraudulent; (5) is not obscene, violent, lewd, sexually explicit, defamatory, libelous, threatening or harassing; (6) does not contain nudity or offensive subject matter or contain a link to an adult website; (7) does not involve commercial activities or sales, including advertising or pyramid schemes; (8) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy; (9) does not contain or describe pornography and is not otherwise harmful to other Members or Users; (10) does not violate any Applicable Law; and (11) will not create liability for CCO or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers. CCO reserves the right to investigate and take appropriate legal action against any member who breaches clause 4.1, including without limitation, removing the offending content without notice to the offending member, terminating their membership, and/or referring a member to the appropriate law enforcement agencies. Submission of Information and Content 5.1 CCO does not accept responsibility for your information or content and does not claim any ownership in any shape or form. By posting content on the website, you grant CCO a non-exclusive, worldwide, perpetual, royalty-free licence (with a right of sub-licence) to exercise the copyright, publicity and database rights you have in the material which you submit, in accordance with, and for the purposes set out in this agreement. 5.2 Members must promptly inform us if they become aware that any of information and content breaches and take whatever steps may be necessary to correct the breach. 5.3 In order to protect your privacy and security, CCO encourages members not to include any personal information that makes them readily identifiable to other users. This may include such items such as photos of your home, or of your car’s licence plate. INTELLECTUAL PROPERTY 6.1 Trademarks (both registered and unregistered) are the property of CCO. Nothing contained on this website should be believed or represented as granting any licence or right to use or distribute any name, logo or trademark displayed on the website without the prior express written permission of CCO. LIMITATION OF LIABILITY Upon accepting the terms and conditions of this agreement, members and user indemnify CCO, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this website. The cause of the Loss includes but is not limited to: (1) access or use, or inability to access or use this Website; (2) reliance on any Content; (3) the transmission of any computer virus; (4) CCO’s negligence; (5) a breach of your computer’s security; (6) any unauthorised access to, modification or alteration of Content; (7) any material or data sent or received or not sent or received; (8) any infringement of another’s rights, including Intellectual Property; (9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party; (10) any content sent by any third party using and/or included in this website; and (11) delays, interruptions, inaccuracies, errors, omissions or cessation of services. DISCLAIMERS 8.1 The Website and the Content are provided on an “as is” basis. CCO makes no representations or warranties regarding the accuracy, reliability or completeness of the content of the website. 1.4 CCO may change the Website to add or remove features or services, without liability to members. LINKS TO EXTERNAL PARTIES AND ADVERTISERS 9.1 The Website contains links to Third Party Websites that are not owned, operated or maintained by CCO. CCO has no control over the content or policies of such Third Party Websites and accepts no responsibility for any Loss arising from your use of a Third Party Website. 9.2 Links to Third Party Websites are for your convenience only and do not constitute endorsement or recommendation by CCO of any material found at those sites. 9.3 You visit Third Party Websites entirely at your own risk. We strongly recommend that you carefully read the terms of use and any related policies of each Third Party Website. COOKIES 10.1 During your use of the website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website. 11. GOVERNING LAW AND JURISDICTION 11.1 All matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and Australia. 11.2 CCO has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if CCO considers (in its discretion) that the action is necessary or desirable. 12. FOREIGN ACCESS TO THIS WEBSITE 12.1 If you access the Website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the Website or become a Member. 12.2 If you do use the Website despite infringing clause 16.1, you indemnify CCO for any Loss which may be incurred as a consequence. CCO strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. |
