Welcome to the Australian Motor Brokers terms and
conditions, which apply to your use of the Australian
Motor Brokers Website. By accessing this Website,
you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions:
"Personal Information" means any personal
details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively
or individually, as the context requires; "We/us/our"
means Australian Motor Brokers, "Website"
means the website located at http://myamb.com or
any subsequent URL which may replace it; and "You/your"
means you as a user of the Website.
1.
ACCESS
We will provide you with access to the Website in
accordance with these Conditions.
2.
YOUR OBLIGATIONS
2.1
You:
2.1.1
agree not to use the Website (or any part of) for
any illegal purpose and agree to use it in accordance
with all relevant laws;
2.1.2 agree not to upload or transmit
through the Website any computer viruses, macro
viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal
operating procedures of a computer;
2.1.3
will not upload or transmit through the
Website any material which is defamatory, offensive,
or of an obscene or menacing character, or that
may cause annoyance, inconvenience or needless anxiety;
2.1.4
will not use the Website in a way that may cause
the Website to be interrupted, damaged, rendered
less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5
will not use the Website in any manner which violates
or infringes the rights of any person, firm or company
(including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of
privacy);
2.1.6
agree that in the event that you have any right,
claim or action against any Users arising out of
that User's use of the Website, then you will pursue
such right, claim or action independently of and
without recourse to us.
3. INDEMNITY
3.1
You agree to be fully responsible for (and fully
indemnify us against) all claims, liability, damages,
losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of
the Conditions by you or any other liabilities arising
out of your use of the Website, or the use by any
other person accessing the Website using your PC
or internet access account.
4.
OUR RIGHTS
4.1
We reserve the right to:
4.1.1
modify or withdraw, temporarily or permanently,
the Website (or any part of) with or without notice
to you and you confirm that we shall not be liable
to you or any third party for any modification to
or withdrawal of the Website; and/or
4.1.2
change these Conditions from time to time, and your
continued use of the Website (or any part of) following
such change shall be deemed to be your acceptance
of such change. It is your responsibility to check
regularly to determine whether the Conditions have
been changed. If you do not agree to any change
to the Conditions then you must immediately stop
using the Website.
4.2
We will use our reasonable endeavours to maintain
the Website. The Website is subject to change from
time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or
because of a failure, suspension or withdrawal of
all or part of the Website due to circumstances
beyond our control.
5.
THIRD PARTY LINKS
In an attempt to provide increased value to our
Users, we may provide links to other websites or
resources. You acknowledge and agree that we are
not responsible for the availability of such external
sites or resources, and do not endorse and are not
responsible or liable, directly or indirectly, for
the privacy practices or the content (including
misrepresentative or defamatory content) of such
websites, including (without limitation) any advertising,
products or other materials or services on or available
from such websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by,
or in connection with, the use of or reliance on
any such content, goods or services available on
such external sites or resources.
6.
MONITORING
We have the right, but not the obligation, to monitor
any activity and content associated with the Website.
We may investigate any reported violation of these
Conditions or complaints and take any action that
we deem appropriate (which may include, but is not
limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing
any materials from the Website).
7.
YOUR DATA
7.1
We respect your personal information and
undertake to comply with applicable Australian Law
legislation from time to time in place.
7.2
You should be aware that:
7.2.1
if we are requested by the police or any regulatory
or government authority investigating suspected
illegal activities, or upon receipt of a court order,
to provide your Personal Information and/or information
concerning your activities whilst using the Website
we shall do so; and
7.3
We reserve the right in our reasonable discretion
to disclose details of your use of the Website in
relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone
under your control, of the Website whether in connection
with the matters set out in these Conditions or
otherwise.
7.4
Please view our Privacy Policy, which forms part
of these Conditions.
8.
INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1
You acknowledge and agree that all copyright, trademarks
and all other intellectual property rights in all
material or content supplied as part of the Website
shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly
authorised by us.
8.2
The Website is Copyright, Australian Motor
Brokers , 2005. All rights reserved.
9.
NOTICES
9.1
You may send us notices under or in connection with
these Conditions:
9.1.1
by post to 23 Buckhurst Street, South Melbourne,
VIC,3205;
9.1.2
by email to info@myamb.com
9.2
As proof of sending does not guarantee our receipt
of your notice, you must ensure that you have received
an acknowledgement from us, which will be sent within
7 working days of our receipt and should be retained
by you.
10.
LIMITATION OF LIABILITY
10.1
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY
THE ACCURACY OF ANY INFORMATION WE PLACE ON THE
WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS
OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2
The Website is provided on an "as
is" and "as available" basis without
any representation or endorsement. Unless specified
in separate terms and conditions related to a particular
product or service, we make no warranties of any
kind, whether express or implied, in relation to
the Website, or products or services offered on
the Website whether by us or on our behalf (including
free software downloads) including but not limited
to, implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or
completeness, or any implied warranty arising from
course of dealing or usage or trade.
10.3
Unless specified in separate terms and conditions
related to a particular product or service, we make
no warranty that the Website or products or services
offered on the Website whether by us or on our behalf
(including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or
that the Website or the server that makes it available
or products or services offered on the Website whether
by us or on our behalf (including free software
downloads) are free of viruses or bugs or are fully
functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content
or material as a result of uploading to or downloading
from the Website.
10.4
Notwithstanding any other provision in
the Conditions, nothing shall limit your rights
as a consumer under Australia law.
10.5
You acknowledge that we cannot guarantee and therefore
shall not be in any way responsible for the security
or privacy of the Website and any information provided
to or taken from the Website by you.
10.6 We will not be liable in contract,
tort or otherwise if you incur loss or damage connecting
to the Website through a third party's hyper-text
link.
10.7
We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or
other representations (other than fraudulent misrepresentations)
or otherwise out of or in connection with the Website
or products or services offered on the Website whether
by us or on our behalf (including free software
downloads) for:
10.7.1
any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
10.7.2
any loss of goodwill or reputation; or
10.7.3
any special or indirect or consequential
losses; in any case whether or not such losses were
within the contemplation of either of us at the
date on which the event giving rise to the loss
occurred.
10.8 Nothing in the Conditions shall exclude or
limit our liability for death or personal injury
resulting from our negligence or that of our servants,
agents or employees.
11.
SEVERANCE
If any part of the Conditions shall be deemed unlawful,
void or for any reason unenforceable, then that
provision shall be deemed to be severable from these
Conditions and shall not effect the validity and
enforceability of any of the remaining provisions
of the Conditions.
12.
WAIVER
Nothing shall be construed as a waiver by us of
any preceding or succeeding breach of any provision.
13.
SURVIVAL
Each provision of these Conditions shall be construed
as separately applying and surviving even if for
any reason one or other of those provisions is held
to be inapplicable or unenforceable in any circumstances.
14.
ENTIRE AGREEMENT
These Conditions (as amended from time to time)
contain the entire agreement between you and us
relating to the subject matter covered and supersede
any previous agreements, arrangements, undertakings
or proposals, written or oral, between you and us
in relation to such matters. No oral explanation
or oral information given by either of us shall
alter the interpretation of these Conditions. You
confirm that, in agreeing to accept these Conditions,
you have not relied on any representation save insofar
as the same has expressly been made a representation
in these Conditions and you agree that you shall
have no remedy in respect of any misrepresentation
which has not become a term of these Conditions
save that your agreement contained in this Clause
shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
15.
LAW
The Conditions will be exclusively governed by and
construed in accordance with the laws of Australia
whose Courts will have exclusive jurisdiction in
any dispute, save that we have the right, at our
sole discretion, to commence and pursue proceedings
in alternative jurisdictions. |