TERMS OF USE

These Terms of Use govern your use of Triple Eight Race Engineering (Australia) Pty Ltd’s and Automotive Brands Group Pty Ltd’s (together, “Us” or “We”) website (www.autobarnlowndesracing.com.au) (“Site”) and the content and information contained on the Site (“Materials”).  By accessing and using the Site and Materials you agree to be bound by the most current version of these Terms of Use.

Limited Licence

You acknowledge that We (and our licensors) own all legal rights, title and interest in and to the Site and the Materials, and nothing in these Terms of Use constitutes a transfer or assignment of any ownership of same.  Subject to the terms and conditions set forth in this Terms of Use, We grant you a non-exclusive, non-transferable, limited right to access and use the Site.

You agree not to interrupt or attempt to interrupt, interfere or tamper with the operation of the Site or the security systems embedded in, or used in connection with, the Site in any way.  You agree not to generate, share, publish or disclose unsolicited or unauthorised advertising or marketing communications via or on the Site, or facilitate same.

We authorise you to view the Materials only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials or copies of the Materials, and is subject to the following restrictions:

  1. you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
  2. you must not modify, adapt, decompile or reverse engineer the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
  3. you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

You agree to abide by all additional restrictions and obligations displayed on the Site and these Terms of Use as may be updated from time to time. This Site, including all Materials, is protected by both Australian and international copyright laws and treaty provisions. You agree to comply with all applicable copyright laws in your use of this Site and to prevent any unauthorised copying of the Materials within your possession and control. Except as expressly provided herein, We do not grant any express or implied right to you in respect of Our (or Our licensors’) intellectual property rights, including any patents, designs, trademarks, copyright or trade secret information.

Disclaimer

We have taken every care to ensure that the information contained in this Site is correct and up to date at the time of publication. However, as can occur with any national organisation, prices, competition ending dates, promotions, special offers, and makes of vehicles that can be serviced may vary from state to state and even dealer to dealer.

We will make reasonable efforts to provide timely updates to this Site in respect of any changes to the details published.

The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site or in respect of any website or other content that is linked via the Site. You acknowledge that any reliance on any such information is at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site or make any changes to the Materials as we see fit. We may make any other changes to the Site, the Materials and the products, programs, services or prices (if any) described in the Site at any time without notice. Subject to any applicable provisions of the Competition and Consumer Act 2010 (Cth), which cannot be modified or excluded, this Site, the Materials on the Site, including any software made available on the Site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.

We make no warranty, and have no obligation to ensure that, the Site and Materials are available for use at any given time, or will be error-free or compatible with your third party software, hardware or preferred internet browser.

Third-Party Sites

As a convenience to you, We may provide, on this Site, links to websites operated by third parties. If you use these links, you will leave the Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

We make no warranty or representation regarding, and do not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we sponsor, endorse, are affiliated or associated with, any third parties referred to in any linked websites or are legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Ours or any of Our affiliates or subsidiaries.

Information Provided by You

We do not want you to, and you should not, send any confidential or proprietary information to Us via the Site. You agree that any information, content or materials that you or individuals acting on your behalf provide to Us will not be considered, and are not required to be treated as, confidential or proprietary by Us.

By providing any such information, content or materials to Us, you grant to Us an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, commercialise, display, publicly perform, transmit and distribute such information, content and materials as we see fit, and you further agree that We are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Us. You further recognise that we do not want you to, and you warrant that you will not, provide any information, content or material to Us that is defamatory, threatening, obscene, harassing, or otherwise unlawful or inappropriate, or that incorporates the proprietary material or intellectual property rights of a third party.

You agree that We may collect and use data about your use of the Site (including your identity and contact information where you provide it) for Our internal business purposes, including to monitor and improve the Site and Materials.  You acknowledge that We may aggregate or use information extrapolated from this data, and you provide your express consent to Us generating and using the data in this way.  You acknowledge that We may be required by law or regulation to provide data collected from the Site, or in providing any goods or services via the Site, to a government or regulatory authority and you consent to the provision of any such data or information.

We may use the personal information you provide to Us to send you direct marketing communications about Our goods and services (and those of Our affiliates).  By providing your personal information to Us you consent to Us using your contact details for these purposes.

You consent, acknowledge and agree that any personal information (as defined in the Privacy Act 1988 (Cth)) (“Privacy Act”) disclosed to Us via the use of the Site and Materials may be disclosed to Our third party service providers or contractors, and/or stored on infrastructure used by Us outside of Australia.  By continuing to use the Site, you expressly agree and consent to the disclosure of any personal information outside of Australia in the manner permitted by these Term of Use.  In providing this consent you understand and acknowledge that countries outside of Australia do not always have the same privacy protection obligations as Australia in relation to personal information. Our collection and use of personal information is detailed further in our Privacy Policy.

Liability

To the full extent permitted by law, in no event shall We or any of Our subsidiaries, officers, employees, contractors or business partners be liable to any person or entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Site, Materials, and functions of the Site or any linked website, even if We are expressly advised of the possibility of such damages.

You agree that We are not liable for any virus, malware, Trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third parties on the Site.

To the extent any applicable legislation prohibits the exclusion of any implied warranties, you agree that Our liability in respect of a claim is limited (at Our option) to:

  1. in the case of services: the re-supply of those services or the payment of the costs of having those services re-supplied; and
  2. in the case of goods (including any downloadable content): the re-supply of the goods, or the payment of the costs of having the goods re-supplied.

Indemnity

You agree to indemnify Us, Our officers, employees and agents from and against any loss, claim, liability, cost or expense incurred by Us in respect of a third party claim arising from or in any way related to:

  1. your breach of these Terms of Use or any other requirement stipulated by Us on, or in relation to, your use of the Site and Materials;
  2. your infringement or alleged infringement of a third party’s intellectual property rights;
  3. your use of the Site and Materials; or
  4. your violation of applicable laws, rules or regulations during, or in connection with, your use of the Site and/or Materials.

Changes

We reserve the right, at Our sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time without notice to you. Your continued use of the Site after any changes to these Terms of Use are made constitutes acceptance of those changes.

We may at Our sole discretion terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts of, or the entire Site without notice or liability. We may rescind the authorisation, rights and licence granted above and, upon such termination, you must immediately destroy, or procure the destruction of, all Materials within your possession or control to which the rescission relates.

International Users & Choice of Law

This Site is controlled, operated and administered by Automotive Brands Group Pty Ltd and Triple Eight Race Engineering (Australia) Pty Ltd from their respective offices within the Commonwealth of Australia. We make no representation that the Site or Materials are appropriate or available for use at other locations outside of the Commonwealth of Australia, and access to the Site from territories where its contents are illegal is prohibited.

You may not use the Site or export the Materials in violation of Australian export laws and regulations. If you access this Site from a location outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the court of Queensland.

Subject to any further terms published by Us on the Site, these Terms of Use constitute the entire agreement between Us and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within the period provided by any applicable statute of limitations. If for any reason a court finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

© 2018 Automotive Brands Group Pty Ltd and Triple Eight Race Engineering (Australia) Pty Ltd. All rights reserved