These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of our website (https://www.ancar.com.au/), the Device, Services, and/or other electronic device(s) provided by ANCAR.
In this Agreement, we refer to ourselves as ANCAR or “us” or “we”; we refer to you as “customer” or “you.”
By accessing or using the Device, Software, Services, or accessing our website or social media, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy (available at https://www.ancar.com.au/), which is incorporated by reference.
If you do not agree to these terms and conditions, you may not use the Device, Services, website or social media.
THE WEBSITE & SOCIAL MEDIA
GENERALLY
- Our website and social media may consist of information, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by ANCAR, third parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.
- The website and social media provide information of a general nature to members of the public, and advanced features for registered users such as commenting on material or engaging in online collaboration.
USE OF WEBSITE AND SOCIAL MEDIA
- Breach of these terms and conditions may result in registered user’s access to the advanced or subscription features of the website or social media being cancelled at the sole discretion of ANCAR.
- These terms and conditions must also be read in conjunction with the privacy information of the public aspects of the ANCAR website.
- The website, social media, Device and Software are available only to individuals who are at least 16 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 16 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. ANCAR reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. ANCAR may, in its sole discretion, refuse to offer the website, social media, Device and Software to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service is revoked in those jurisdictions.
WEBSITE AND SOCIAL MEDIA COPYRIGHT AND INTELLECTUAL PROPERTY
- Material appearing on this website is subject to copyright vested in ANCAR or third parties. All content on this website is protected by Australian and international copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- Users may download, display or print a copy of material from this website and social media only for personal, non-commercial use, or use within their own organisations provided that:
- the website of ANCAR is acknowledged as the source, including the reference https://www.ancar.com.au/;
- the material is not amended or modified in any way (including any copyright notice); and
- this permission is revocable at any time by ANCAR.
- All other use of the website and social media content is not permitted without the copyright or trademark owner’s permission. ANCAR asserts the right to be recognised as the author of the material and the right to have its material remain unaltered.
- Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
- Nothing displayed on the website and social media should be construed as granting any licence or right to use, reproduce or adapt the ANCAR logo without the express written permission of ANCAR.
- Requests and inquiries concerning reproduction and rights should be sent to info@vascarauto.com.au.
- The website and social media may include third party content which is subject to that third party’s terms and conditions of use. Trade marks, brand names, product names, and company names of or related to the products appearing on this website are the property of their respective owners. ANCAR does not claim to own any of these trademarks nor claim that ANCAR is related to, endorsed by, or in any other way connected or associated with these companies. Nothing on this website or social media should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content. External website images, if any, accessible on https://www.ancar.com.au/ or our social media are used with the permission of the authors of those websites or other social media, and must not be reproduced without obtaining the permission of the author of those materials.
- The copyright in material appearing on websites and social media which are linked from this website or social media vest in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). ANCAR recommends that users refer to the copyright statements at those websites before making use of any material. Links to third party websites do not constitute any endorsement or approval of those websites or the owner of those websites.
CONTRIBUTING CONTENT
- If users submit content for the website or social media in any format, including text, photographs, graphics, video or audio, they grant ANCAR an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the website or social media. Users acknowledge that content submitted by them may be accessible by the public through the website and through social media. Users agree that ANCAR can use that content in any way, now and in the future. ANCAR also reserves the right not to use or publish on the website and social media any submitted content.
- Users warrant that they have all of the necessary rights, including copyright, in the content they contribute, that their content is not defamatory and that it does not infringe any law. Users also warrant that the content they contribute complies with any relevant professional obligations (if any).
- Users waive any moral rights in their contribution for the purposes of its submission to and publication on the website and social media.
- ANCAR does not provide any protection as against third parties to the intellectual property in any material submitted. By submitting material, users warrant that they have all necessary permissions and licences for the use of that material and agree to indemnify ANCAR against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these terms and conditions.
COLLABORATION SPACES AND USER SUBMITTED CONTENT
- Users acknowledge that the website and social media is created, managed, and administered by ANCAR and may provide opportunities for registered users to post comments and collaborate with other users.
- ANCAR is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.
- You are responsible for all of your activity in connection with the website and social media.
- You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:
- infringes any patent, trademark, copyright, or other right of any other person or entity;
- is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of ANCAR or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- impersonates any person or entity, including any employee or representative of ANCAR.
- Users recognise that ANCAR cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the website or social media submitted by users.
- Notwithstanding the above, ANCAR will monitor the content of the website and social media from time to time and will remove any content it deems to be inappropriate or unacceptable to protect itself and users.
WEBSITE AND SOCIAL MEDIA – GENERAL TERMS
- These terms and conditions will be governed by and interpreted in accordance with the laws of Victoria, Australia.
- Users will not use this website or social media for any purpose or in any way which is unlawful.
- In relation to any dispute arising out of the use of this website or our social media, the user and ANCAR agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts competent to hear appeals from those courts.
- The omission of ANCAR to exercise any right under these terms and conditions will not constitute a waiver of such right unless formally waived in writing by ANCAR.
- The website and social media may contain errors and may not be complete or current. ANCAR reserves the right to the fullest extent allowed by law to correct any errors or omissions and to change or update information at any time without prior notice.
WEBSITE AND SOCIAL MEDIA LIABILITY AND INDEMNITY
- ANCAR does not warrant the accuracy, reliability or completeness of the content on the website or social media. The content is provided to users ‘as is’ and on an ‘as available’ basis and on the condition that users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on the website and social media may be changed without notice.
- ANCAR will have no responsibility or liability in relation to any loss or damage that users incur, including damage to their Device or Software, arising from their use or access to this website or social media.
- ANCAR does not warrant that functions contained in the website and social media content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.
- Users indemnify ANCAR, its directors, members, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from their use of the website and social media, including as a result of them submitting content to the website or social media in any form.
- In no event shall ANCAR, its subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this website and social media be liable to any user of the website or social media or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the website or social media, whether based upon warranty, contract, tort, or otherwise, even if ANCAR has been advised or should have known of the possibility of such damages or losses. In no event shall the total liability of ANCAR, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this website or social media to you for all damages, losses, and causes of action resulting from your use of this website or social media, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to ANCAR in connection with the event giving rise to such liability.
WEBSITE AND SOCIAL MEDIA DISCLAIMER
- The material on this website and on our social media is provided for general information in summary form. The content does not constitute recommendations and should not be relied on as such.
- While every care has been taken in the preparation of this material, ANCAR does not accept responsibility for any errors, including those caused by negligence, in the material. ANCAR makes no statements, representations or warranties about the accuracy or completeness of the information and users should not rely on it. Users are advised to make their own independent inquiries regarding the accuracy of any information provided on this website and social media.
- Neither ANCAR, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, whatsoever arising out of, or in any way related to, the use of this website, and social media, and any other website linked to this website or social media. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer as well as damages for loss of profits, business interruption or the loss of data or information.
- The website and social media may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.
- ANCAR is not responsible for the accuracy of information contained on other websites or social media by links from this website or social media and makes no warranties that the information contained on this website or social media or any links from this website or social media are free of infection by computer viruses or other contamination. ANCAR disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way.
- Links to third party websites do not constitute endorsement or approval of those websites or the owners of those websites.