Terms & Conditions
- 1.1This document contains the terms and conditions which apply to your use of the Australian Motoring Services Pty Ltd ABN 60 100 488 613 (‘AMS‘ or ‘we‘) web site (‘web site‘).
- 1.2Your use of this web site is governed by these terms and conditions and any additional terms and conditions posted on the web site from time to time (‘Terms‘).
Copyright and trademarks
- 2.1What you can do: All the material on this web site is subject to the copyright of AMS or its third party licensors. You must not reproduce any of the material contained on this web site except that you may:
a) download a copy of this web site to the local hard drive of the computer used to access the site; and
b) print extracts (hard copies) of this web site, but only for your personal use.
- 2.2What you cannot do:
a) copy any of the material on this web site or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form; or
b) provide a link to this web site from another web site without AMS’s prior written consent.
- 2.3The AMS logo is an unregistered trademark of AMS. Other trade marks may be displayed on the web site from time to time. These may belong to third parties. Nothing displayed on the web site should be construed as granting any licence or right of use of any logo or trademark displayed on the web site, without the express written permission of the relevant owner.
- 3.1You must not use this web site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
- 3.2In particular, you agree not to:
a) use this web site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
b) publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
c) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the web site;
d) impersonate any person or entity; or
e) upload, post, email, transmit or otherwise make available using the web site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
- 3.3AMS retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- 4.1AMS does not warrant that functions available on this web site will be uninterrupted or error free, that defects will be corrected, or that this web site or the server that makes it available are free of viruses or bugs.
- 4.2You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the web site, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on this web site.
Linking to this web site
- 7.1If you wish to establish a link to this web site you must, in the first instance, use the Contact Us link at the top of the page and provide the following information:
a) the URL of the web site that you seek to establish a link from;
b) a brief description of your web site; and
c) the reason that you wish to establish a link.
- 7.2If AMS agrees to your proposed link, you must comply with any terms and conditions imposed by AMS as a condition of such agreement. If the nature and/or content of your web site changes in any significant way, you must contact AMS and provide a new description of your web site.
- 8.1The information contained on this web site is for general information purposes only. You must not rely on any statement contained in this web site without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this web site, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
- 8.2In particular, we make no representations or warranties and exclude all liability:
a) in relation to any of the material of this web site (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
b) in relation to any material of any other web site referred to or accessed by a hyperlink through this web site (‘Third Party Web Site‘). We do not endorse or approve the material of any Third Party Web Site, nor will we have any liability in connection with any of Third Party Web Site howsoever arising; or
c) that this web site or any of its material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using this web site.
Liability and indemnity
- 9.1You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the web site.
- 9.2AMS does not exclude any rights and remedies available to you in terms of the Competition and Consumer Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the web site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
- 9.3To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
a) in the case of services supplied or offered by us:
b) the re-supply of those services; or
c) the payment of the cost of having those services re-supplied; and
d) in the case of goods supplied or offered by us:
e) the replacement of the goods or the supply of equivalent goods; or
f) the repair of the goods;
g) the payment of the cost of having the goods replaced; or
h) the payment of the cost of having the goods repaired.
- 9.4You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:
a) the use of or access to, or any inability to use or access, the web site or any material on the web site;
b) unauthorised access to or alterations of your transmissions or data; or
c) statements or conduct of any third party on the web site.
d) any goods purchased through this web site.
- 10.1Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.
- 10.2Severability: If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
- 10.3Waiver: The failure or delay of the AMS to exercise or enforce any right in these terms does not waive AMS’s right to enforce that right.
- 10.4Applicable law: The information on this web site is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
- 10.5Ownership: All contents of the AMS web site are copyright © 2014 Australian Motoring Services Pty Ltd ABN 60 100 488 613 and / or our licensors. All rights reserved.