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Terms of Use – DriveSmart

  1. Definitions

    In these terms of use:
    Content means all content (including data, text, video, images, audio and other material) that is accessible to you and other users on the Website (but excludes any content that is accessible from non-TAC websites, such as via hyperlinks from the Website).

    Contributions means content that is contributed by you and other users to the TAC via the Website. The TAC may (in its absolute discretion) make such content generally accessible via the Website.

  2. Your use of the Website

    The TAC grants you a non-exclusive and non-transferable right to access the Website and, subject to these terms of use, to:

    1. submit Contributions to the TAC; and
    2. view, retrieve and display Contributions (and other Content).
    3. Submitting Contributions

      3.1 The TAC may, from time to time, permit you to submit Contributions which you (and not the TAC) are solely responsible for, and liable for.

      3.2 You acknowledge that the TAC:

      1. retains the absolute discretion to determine whether Contributions should be made accessible via the Website (and without limitation, the TAC is under no obligation to use your Contributions and need not give reasons for its decision that a Contribution will not be used); and
      2. may at any time, in its absolute discretion, and without liability to you:
        1. edit any Contribution and make that edited version accessible on the Website; and
        2. remove, alter or disable access to any Contribution or the Website generally (whether temporarily or permanently) without prior notice to you.
    4. Browsing Contributions

      You acknowledge that, when browsing or accessing the Website, you may be exposed to the Contributions of other users. The TAC is not responsible for, and disclaims all liability relating to, the Contributions of other users. You release the TAC from any claims that you could assert against the TAC relating to the Contributions of other users.

    5. Intellectual property rights – Contributions

      5.1 Your Contributions may contain:

      1. content that you have created yourself (Original Material); and/or
      2. content that you have sourced from third parties (Third Party Material).

      IMPORTANT NOTE – You may need to obtain a licence (and often pay a licence fee) for use of Third Party Material in your Contributions. If you are unsure whether your use of particular Third Party Material requires you to obtain a licence, you should avoid using that material in your Contributions.

      5.2 To the extent that your Contributions contain:

      1. Original Material – you retain all intellectual property rights in that Original Material; and
      2. Third Party Material – you must ensure that you have the lawful right (including all necessary licences) to grant to the TAC the licence in respect of that Third Party Material granted under paragraph 5.3 below. If we ask, you must provide us with written evidence that you have obtained all necessary licences.

      5.3 You grant the TAC a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, communicate to the public, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not.

      5.4 You voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by the TAC (or persons authorised by the TAC), in relation to Contributions, which would, without this consent, otherwise infringe your moral rights in those Contributions.

    6. Intellectual property rights – Content

      You acknowledge that all copyright, trade marks and other intellectual property rights in the Content (other than in your Contributions) are either owned by the TAC, or are licensed to the TAC by third parties. Nothing in these terms of use transfers to you any right, title or interest (including any intellectual property rights) in or to the Content.

    7. Prohibited use

      7.1 You must not, at any time:

      1. publish, communicate or adapt any of the information or Content accessible on the Website (other than your Contributions);
      2. make copies in any form of all or parts of the Content (other than your Contributions) other than as reasonably required for your personal non-commercial use;
      3. adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
      4. directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
      5. remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
      6. reformat or frame any part of the web pages that form part of the Website;
      7. use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
      8. use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party's rights or is otherwise prohibited by these terms of use.
    8. Other warranties given by you

      You warrant that:

      1. all information you supply in connection with your Contribution (including your name and email address) is accurate in all respects;
      2. if any of that information changes, you will promptly notify the TAC in writing of those changes (click [here] for contact information);
      3. your use of the Website will comply at all times with these terms of use and any directions published from time to time by the TAC on the Website; and
      4. you will not submit any Contributions that:
        1. infringe the intellectual property or other rights of any other person;
        2. are misleading or deceptive;
        3. are defamatory;
        4. are obscene;
        5. are unlawful or encourage unlawful conduct; or
        6. are inappropriate having regard to the purpose and objectives of the Website.
    9. Links and frames
      1. Any links or frames which connect the Website to other websites are provided by the TAC for convenience only, and by accessing those linked sites, you agree to any terms of access or use imposed by those linked sites.
      2. The TAC is not responsible for any content, hyperlinks or information held on other websites. The TAC does not:
        1. endorse any material on those websites;
        2. provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites; and
        3. warrant that material on other websites will not infringe the intellectual property rights or other rights of any other person.
    10. Statutory rights and exclusions and limitations of liability

      10.1 The Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into these terms of use, or may give you certain non-excludable remedies against the TAC (Statutory Rights). If the TAC breaches a non-excludable term, condition or warranty, then its liability for that breach will be limited to:

      1. (if the breach relates to goods) at the TAC's option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
      2. (if the breach relates to services) at the TAC's option, the supplying of the services again or the payment of the cost of having the services supplied again.

      10.2 Except as expressly provided in these terms of use or as required by law (including under your Statutory Rights), the Website is provided ‘as is', and the TAC excludes all warranties, undertakings, conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Website. In particular (but without limitation) the TAC does not warrant that your access to or use of the Website will be uninterrupted or error free, or that the Website (including its Content) will be free from viruses.

      10.3 Without limiting paragraph 10.2, and except as required by law (including under your Statutory Rights), the TAC will not be liable (including in negligence) for:

      1. any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your access to or use of the Website (or any linked website);
      2. any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Website (or any linked website).
    11. Indemnity

      You indemnify and hold the TAC, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred by any of those indemnified where such Loss was caused, directly or indirectly, by:

      1. your access to or use of the Website; or
      2. any Contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your Contribution infringes the intellectual property or other rights of any person).
    12. General

      12.1 The TAC may change these terms of use from time to time. However, if the TAC reasonably considers that the change is likely to:

      1. benefit you or have a neutral or minor detrimental impact on you, it may change these terms of use by making such changes immediately without notifying you except by publishing these terms of use as amended on the Website; or
      2. have a significant detrimental impact on you, it will make such changes to the terms of use 10 days after it has notified you of those changes on the Website's homepage.

      If you do not accept a change made by the TAC to these terms of use, your only remedy (except as set out elsewhere in these terms of use) is to immediately cease accessing the Website.

      12.2 The laws of Victoria, Australia, govern these terms of use and in the event that we have a legal dispute, Victorian courts will have non-exclusive jurisdiction.

      12.3 These terms of use and our Privacy Policy constitute the entire agreement between us as to their subject matter, and supersede all prior or inconsistent statements or representations, whether made verbally or in writing, as to that subject matter.