Terms of Use

Between Any person who is permitted by the Operator below, through the functionality of the Websites or who engages the Services of the Operator, as defined below, (the “User”) And:

McCormacks Auto Service Pty Ltd ACN 065 053 163, RPM Auto Shop Pty Ltd ACN 633 758 157 and RPM Off Road Pty Ltd ACN 633 770 751 trading as McCormacks Auto Service ABN 47 063 053 163, McCormacks 4WD ABN 35 633 758 157 and arkamping and Ark Camping ABN 52 633 770 751 of 111 Rainbow Street, Sandgate in the State of Queensland 4017 (the “Operator”).

Background

2.1 Purpose

The Operator is the owner and operator of the McCormacks Auto Websites and all of its associated intellectual property including the Websites located at mccormacks4wd.com.au, mccormacksauto.com.au (the “Websites”) is used as a portal from which the User accesses the Operator’s services which includes the provision of auto maintenance services, body work and camping equipment (the “Services”). The Websites forms part of the Services and is subject to these Terms of Use.

2.2 Objects

The object of the Services is to provide auto maintenance services, vehicle body work and repair and the sale of camping equipment to the User (the “Permitted Use”). Further, the parties agree that:

the Websites is accessible only to the User of the Websites;
the Operator has given notice to all Users who use the Websites that its use is subject to these Terms of Use (the “Terms of Use”);
the User, by using the Websites otherwise, agrees to access the Websites on the basis that they are bound by and will abide by these Terms of Use; and
the Operators agree to permit the User to have access to the Websites as a User, on the basis of these Terms of Use.

Now it is agreed that

3.1 Agreement

By reasons of the matters set out above, the User and the Operator have entered into a legally binding agreement on the terms of these Terms of Use.

3.2 Consent to Access – Users

The Operators hereby consent to the User having access to all of the functions of the Websites for the Permitted Use and otherwise subject to these Terms of Use. This consent may be revoked by the Operator at any time and automatically terminates upon the user ceasing to be a User.

3.3 Consent to Access – Other Users

The Operators do not consent to other users that are not the User using the Websites in anyway whatsoever (“Impermissible Use”). The Terms of Use are a legally binding agreement between the User and the Operator. In the event another user that is not the User uses the Websites and the User is connected or responsible in any way whatsoever, with the Impermissible Use, then the User fully indemnifies the Operator for any loss or damage associated with the Impermissible Use.

3.4 Revocation of Consent

The Operators may revoke their consent to the User having access to the Websites at any time and for any reason whatsoever.

3.5 Charges

The User will incur charges, payable to the Operator, characterised as a debt or liquidated demand, for access to the Websites as defined on the Websites.

3.6 No Warranty or Representation of Availability

The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not warrant or represent that the Websites will comply with the Permitted Use. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, will not be liable if the Websites is unavailable for any reason. The Operators, at their absolute discretion, may suspend or disconnect the User’s access to all or part of the Websites during technical failure, for maintenance, or for any reason whatsoever.

3.7 Release and Indemnity

The User indemnifies and releases the Operator from any liability, or legal claim, of any kind whatsoever, including, but not limited to, third party loss or damage, or any loss or damage of any kind, sustained by the User in utilising the Websites under the Permitted Use or the Impermissible Use or any other use.

3.8 Disclaimer

(a) The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, and the suppliers of content utilised in the Websites or linked to the Websites, to the extent permitted by law:

do not assume any responsibility to the User, or any other person whatsoever, for the accuracy or completeness of the Websites. The User, and any other person who views or receives any such information, assumes sole responsibility for evaluating the accuracy and completeness of that content, and its relevance and suitability to their own circumstances;
are not providing any legal or other advice to the User, or any other person whatsoever, by providing the Websites for use. The User, and any other person who views or receives any such information, from the Websites, assumes sole responsibility for evaluating the accuracy and completeness of that content, and its relevance and suitability to their own circumstances, and they should obtain appropriate professional advice before using the Websites;
do not warrant or represent to the User, or any other person whatsoever, that the Websites or any linked site, or any email sent by the Operator, is free from infection by computer viruses or other contamination;
will have no liability, whether in contract, tort or otherwise howsoever (apart from any mandatory statutory exception or exclusion), to the User, or any other person whatsoever, for any error or omission (whether negligent or otherwise) or any loss that may be incurred as a result of the User using the Websites or any other information contained within the Websites or any linked site being inaccurate or incomplete in any way and, or in the alternative, for any other reason; and
will have no liability, whether in contract, tort or otherwise howsoever, to the User, or any other person whatsoever, for any loss, unavailability, unauthorised disclosure or unauthorised alteration of any information whatsoever (including list information) entered in the Websites (“Websites Data”).

3.9 Absolute Bar

This agreement may be pleaded by the Operator as a full and complete defence to any claim commenced, continued or taken by the User or an agent of the User, at any time.

3.10 External Links

The Websites may include links to other internet sites. These links are provided for information purposes only. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not endorse any such sites or their content, and do not assume any responsibility to the User, or any other person whatsoever, for the accuracy or completeness of any information, material, products or services contained on or accessible through any such site. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, and the suppliers of content published on this or any linked site, will have no liability, whether in contract, tort or otherwise (apart from any mandatory statutory exception or exclusion), to the User or any person whatsoever for any error or omission (whether negligent or otherwise) or any loss that may be incurred by the User’s access and, or alternatively, use of any such Websites.

3.11 Intellectual Property

Intellectual property rights (including copyright) for the Websites reside with the Operator. Apart from any fair dealings for the purposes permitted under the Copyright Act 1968 (Cth), no part of the Websites may be copied, reproduced, published, communicated, adapted, collated (whether in print, online or any other digital format, including on a CD) or re-used for any commercial or other purposes without the prior written consent of the Operator. The User must not, and must not cause any other person to, use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any materials from the Websites, or combine any materials with the information of a third party, without the prior written consent of the Operator.

3.12 Consent to Use of Data

The User acknowledges that it will supply third party data to the Websites. The User irrevocably consents to the Operators recording, using and deleting, in the ordinary course of the management and operation of the Websites, all or any data created by the User’s use of the Websites or provided by the Users to the Operator through the Websites.

3.13 User Data

(a) The User acknowledges that, by reason of the password system used on the Websites, data associated with the User on the Websites may be accessed by any person (whether authorised or not) with the ability to enter the registered email address and password created by the User to the Websites (or any alteration thereto) or by any person who has access to a computer which has such information stored on it (the “Accessing Person”). The User irrevocably consents to the Operators:

recording User data on the Websites;
providing access to the User data by any Accessing Person;
deleting User data as instructed by any Accessing Person; and
in their absolute discretion, deleting User data.

3.14 Amendment of Terms

(a) The Operators may, in their absolute discretion, commence charging additional fees for access to the Websites or make any amendments to the Terms of Use by following the procedures in this clause:

if the amendments do not involve imposing any fee or other charge upon the User, at least 30 days’ notice of the terms of the proposed amendments (and the date upon which they take effect) must be given in the Terms of Use section of the Websites. Upon such notice being given, the amendments take legal effect as an agreed variation to the Terms of Use upon the said date;
if the amendments involve imposing any fee or other charge upon a User, at least 30 days’ notice of the terms of the proposed amendments (and the date upon which they take effect) must be given in the Terms of Use section of the Websites by email notification to the registered email address of the User. Upon such notice being given, the amendments take legal effect as an agreed variation to the Terms of Use upon the said date; and
the User is responsible for regularly reviewing the Terms of Use (and their registered email address) for any such amendments. The User’s continued use of the Websites after any such amendment will confirm acceptance of those amendments.

3.15 Termination

This agreement can be terminated by either party giving notice to the other at any time, subject to clause 3.6 of the Terms of Use. The Operators may give notice of termination by publishing it in the Terms of Use section of the Websites. Upon the Websites ceasing to be used by the Operators, this agreement shall be deemed to be terminated by the Operators. For the abundance of clarity, the User shall have no legal recourse to make any type of claim, legal or otherwise, against the Operator should the Terms of Use be terminated.

3.16 Governing Law

This agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland.