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”)
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”).
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:
3.2 Consent to Access – Users
3.3 Consent to Access – Other Users
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.
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.
(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:
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:
3.14 Amendment of Terms
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.