Please read this legal statement carefully before using this Website. This Website is owned and operated by Autodata Australia Pty Ltd ABN 47 109 278 766.

If you have any questions regarding these Terms and Conditions, please email info@autodata.com.au or call (07) 3245 3282 for more information.

1.         ACCEPTANCE Your use of, or access to, this Website is conditional upon your acceptance and compliance with these Terms and Conditions.  Do not use this Website if you do not agree to these Terms and Conditions.  By continuing to use, or access this Website, you agree to be bound by these Terms and Conditions. Your acceptance of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions.  Without implying any licence to do so, if you pass on any information contained in this Website to a third party, you agree to draw the attention of that third party to these Terms and Conditions. You may not assign or transfer your rights or benefits under these Terms and Conditions to any other person or entity without our prior written consent.

2.         TERMINATION We may terminate these Terms and Conditions and your access to this Website at anytime without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you by these Terms and Conditions will survive termination. Termination under this clause will not affect any rights or remedies, which we may otherwise have under these Terms and Conditions or at law.

3.         LIMITATION OF TERMS OF USE These Terms and Conditions are in no way limited or altered by any other terms or conditions on this Website or any other agreement you may have with us for products, services or otherwise. The following exclusions and limitations apply only to the extent permitted by law, and are subject to the Non Excludable Rights. We exclude all other conditions and warranties implied by custom, law or statute. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted in these Terms and Conditions are reserved.

4.         CURRENCY The Content on this Website and these Terms and Conditions are current at the date of publication but we may amend these Terms and Conditions at any time by posting amended Terms and Conditions on this Website without prior notice. The amended Terms and Conditions will be effective immediately and your continued use of the Website constitutes your acceptance to be bound by the amended Terms and Conditions from that time. You should visit this page periodically to review these Terms and Conditions.

5.         NO REPRESENTATIONS We make no representations about the accuracy, reliability, completeness or timeliness of the Content of this Website. The Content of this Website may contain inaccuracies or typographical errors.  We also make no representations about the security of your computer in accessing this Website.  Your use of this Website and the Content is at your own risk and you have not relied on any representation made by us which has not been stated expressly in these Terms and Conditions.  Periodic changes to the Content or features of this Website may be made at any time.

6.         GENERAL INFORMATION Unless expressly stated otherwise, general information about our products and services:

a.         does not constitute an offer or inducement to enter into a legally binding contract; and

b.         does not form part of the terms and conditions for products and services.

7.         EXCLUSIONS AND LIMITATION OF LIABILITY All statutory or implied terms, conditions or warranties concerning the quality or condition of this Website or any goods, information, service, material, advice or recommendation supplied by us to you through this Website is excluded to the fullest extent permitted by law. If we breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, our liability for a breach of the applicable term, condition or warranty is limited, to the extent permitted at law, to, at our election:

a.         the re-supply or repair of the relevant goods or services; or

b.         the payment to you of the cost of having the relevant goods or services supplied again.

Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this Website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms and Conditions.

Without limitation of the above we exclude any liability arising from your reliance on any Content including any educational material provided as part of the Content.

8.         NO WARRANTY We do not warrant that any of the functions contained in this Website or your access to this Website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

9.         RELIANCE ON INFORMATION This Website has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors.  In particular, you should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date. Visitors using the information from the Website do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Website which has not been stated expressly in these Terms and Conditions. We recommend that you seek independent professional advice before acting on any Content from this Website.

CONTENT VERIFICATION Except as provided for by the Non Excludable Rights, you (and not us) assume the entire cost of any necessary verification, maintenance, repair or correction of any relevant Content.

FORUMS  Forums form part of the Content of this Website.  Our public forums are powered by phpBB (“phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com.  The phpBB software only facilitates Internet based discussions and the GPL regulates, in addition to these Terms and Conditions, the type of content you and us can publish.  For further information about phpBB, please see: http://www.phpbb.com/.

FORUM CONTENT Forum Content is Content posted in the Forums of the Website and is derived from users and third parties without any warranty as to its accuracy or currency or any mediation by us.  All Terms and Conditions relating to Content apply to Forum Content.

Forum Content expresses the views of the user that posted it, not us.  If you provide Forum Content as a user you acknowledge that it may be freely used by us and others for the purposes associated with the Website.  We have the discretion to remove, edit, move or close any topic or item of Forum Content at any time.  You remain solely responsible for the Forum Content you post and you indemnify us in respect of any Loss arising in connection with the use of your Forum Content, including without limitation, any claim that the Content contributed infringes the intellectual property rights of any third party.

You agree not to post any abusive, obscene, vulgar, false, defamatory, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any relevant law as Forum Content.  If you feel an item of Forum Content is objectionable we encourage you to contact us.  You also agree not to post copyrighted material (unless the copyright is owned by you or you have the consent from the owner of the copyrighted material), spam, flooding, advertisements, links to commercial sites in posts or signatures, chain letters or solicitations as Forum Content.  Doing so may lead to us to terminate your access to the Website and notify your Internet Service Provider.

The IP address of all posts is recorded to aid in enforcing these Terms and Conditions.  As a user you agree to the collection of your IP address and to any information you enter being stored in a database.  While this information will not be disclosed to any third party without your consent (unless otherwise required by law), neither phpBB nor us shall be held responsible for any hacking attempt that may lead to the data being compromised.

LINKS TO OTHER SITES We will from time to time publish links on or from this Website which may lead to or be sourced from Third Party Sites. Contents, hyperlinks or information held on Third Party Sites is not under our control and we are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked Third Party Sites. We do not endorse any material on any linked Third Party Sites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on any linked Third Party Sites, nor do we warrant that material on any linked Third Party Sites does not infringe Intellectual Property rights of any other person. Any dealings you have with linked Third Party Sites are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission of any service provider or third party in respect of linked Third Party Sites.

VIRUSES We do not represent or warrant that this Website and any other information or material contained in, downloaded or accessible from this Website, is free from computer viruses, worms, Trojans or any other harmful code which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

NON-COMMERCIAL LINKS You may link to the Website for non-commercial purposes. If you are interested in linking to the Website for commercial purposes, or becoming otherwise affiliated with us, please contact us directly.

NO LIABILITY You agree not to carry on any activity in relation to the Website which might involve us in liability. However, if you do engage in any such activity, in breach of these Terms and Conditions, you agree to grant us an unlimited indemnity with respect to your conduct.

WAIVER If you breach any of these Terms and Conditions, and we have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver of legal rights granted under these Terms and Conditions will only be effective if it is in writing and signed by us.

INTELLECTUAL PROPERTY The Content displayed on this Website is protected by copyright, trade mark and other intellectual property laws unless expressly stated otherwise on this Website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this Website. All other use, copying or reproduction (including reproduction on any other website) of any part of this Website is prohibited unless expressly stated otherwise. You must not use this Website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any Content. Unless expressly stated otherwise, nothing contained in this Website should be construed as a licence or right of use of any trademark displayed on the Website without the express written permission of the owner of the trademark.

TRADEMARKS All names, logos and trademarks (both registered and unregistered) are our property, or the property of third parties who have contributed to this Website. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without our express written permission.

PERMITTED USE Provided that the ownership of the Content by us is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

a.          using an industry-standard web browser, download and view the Content for your personal, non-commercial use;

b.          if you are an internet service and/or access provider, supply the Content to your subscriber;

c.          access and display these pages on a computer or a monitor;

d.          hold a temporary copy in the computer's cache; or

e.          make a single permanent copy for your personal non-commercial reference.

Any other use of the Content of this Website is prohibited without our prior written consent.

PRIVACY Please refer to our privacy policy on our Website. Although we intend to observe this privacy policy at all times, it is not legally binding on us. From time to time we may regard it as necessary or desirable to act outside this privacy policy. We may do so, subject only to any statutory rights you have under the Privacy Act 1988 (Cth) or other applicable legislation.

PASSWORD AND LOGIN To become a member, you must provide a password and a login name. You are entirely responsible for maintaining the confidentiality of your password and login name. You are entirely responsible for any and all activities that occur under your login name, including the posting of Forum Content.  You agree to immediately notify us of any unauthorized use of your login name or any other breach of security known to you.

USE OF WEBSITE OUTSIDE AUSTRALIA This Website is not directed at people in any other country and should not be relied on by people in any country other than Australia. Should the Content and Terms and Conditions satisfy the laws of the user country, you are not entitled to rely on the information. If you do so, you agree to indemnify us for any loss or damage, which may be incurred as a consequence.

GOVERNING LAW The laws of Queensland and the Commonwealth of Australia govern these Terms and Conditions, and you submit to the exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia.

a.         Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Website, obtained or able to be viewed by accessing any part of this Website (which may be out of date or superseded) or obtained through notification alerts and updates sent by email or otherwise downloaded as a result of your subscription through the Website, whether it be obtained directly or indirectly, in any machine or human readable format – for the avoidance of doubt, Content includes Forum Content;

b.         Forum Content means Content provided by third parties or users of the Website;

c.         Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via our Website;

d.         Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;

e.         Non Excludable Rights means the rights and remedies conferred by the Trade Practices Act 1974 and similar State and Territory Legislation in Australia in relation to the provision of goods or services on Websites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Terms and Conditions of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms and Conditions;

f.          Personal Information has the same meaning as under the Privacy Act 1988;

g.         Terms and Conditions means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Website;

h.         Third Party Sites means sites and resources located on servers maintained by others over whom we have no control;

i.          Website means those web pages contained within the domain www.autodata.com.au and any subdomains; and

j.          We, our or us means Autodata Australia Pty Ltd ABN 47 109 278 766, its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001.