Disclaimer
Terms of Use and
Disclaimer
The website www.keys2drivepilot.com.au
("the website" or "this website" or "the keys2drive website") is
operated by Australian Automobile Association (AAA) ACN 008 526 369
("AAA" or "We" or "Our"). Access to the website is subject to the
terms, conditions and disclaimers provided on this web page, and
appearing elsewhere on the website including the Privacy Policy.
AAA reserves the right to modify these terms at any time at its
discretion.
1. Applicability of the
keys2drive website
The keys2drive website is directed
towards Australians and refers to road rules of Australia or
particular Australian states. Road rules may differ from
country to country and the information provided in this website
should not be relied upon outside Australia. All competitions
on this website are open only to Australian residents.
2. Registered
Members
In order for you to access all
aspects of the keys2drive website, and access all applicable
keys2drive services, you must become a registered Member. To
do this, please visit the registration page of this website. Before
becoming a registered member you must accept additional terms and
conditions which relate to your use of this website and the
services offered by AAA. Registration is free but your
registered member status is non-transferable.
3. Disclaimer
All information provided by us in
the keys2drive website is provided in good faith. You accept
that any information provided by us is general information and is
not in the nature of advice. We derive Our information from
sources which We believe to be accurate and up to date as at the
date of publication, and We reserve the right to update this
information at any time.
We do not accept liability for any
loss or damage, however caused, (including through negligence)
which you may directly or indirectly suffer in relation to the use
of this website or any linked or embedded website, or the use of or
reliance on any material on this website (whether provided by us or
any other person), or any material accessed through this
website.
We are not responsible for or
liable for the material provided by or the actions or inaction of
any member of this website. We are not responsible for or
liable for any material which you post or transmit to this website,
nor do We accept any responsibility or liability for any use or
misuse which you or any other members make of material which you
post or transmit to this website. We do not assume any
responsibility for monitoring this website for inappropriate
material or removing such material. You acknowledge that We
cannot confirm the identity of other members or prevent them acting
under false pretences.
We do not make any representations
or warranties that your access to the keys2drive website will be
uninterrupted, timely or secure.
We do not warrant that any material
you submit to this website will be protected against loss, misuse
or alteration by third parties. We do not warrant that We will
post your material on the keys2drive website. If We elect in Our
sole discretion to post your material on this website, We do not
warrant that the material you submit will be posted within a
certain timeframe.
You must ensure that your access to
this website is not illegal or prohibited by laws which apply to
you.
You must take your own precautions
to ensure that the process that you use for accessing this website
does not expose you to the risk of viruses, malicious computer code
or other forms of interference which may damage your computer
system. For the removal of doubt, We do not accept liability
for any loss or damage, however caused, (including through
negligence) which you may directly or indirectly suffer through any
interference or damage to your computer system which arises in
connection with your use of this website or any linked or embedded
website.
We do not accept liability for any
loss or damage, however caused, (including through negligence)
which you may directly or indirectly suffer from a failure to
provide any facility on this website, corruption to or loss of
data, errors or interruptions, any suspension or discontinuance of
the service or any transmissions by other members in contravention
of the members' obligations as set out in these terms and
conditions.
We accept no liability for any
failure to comply with these terms and conditions where the failure
is due to circumstances beyond Our reasonable control.
Exclusion of
Warranties
To the extent permitted by law, any
condition or warranty which would otherwise be implied into these
terms and conditions is excluded. Where any law implies any
condition or warranty, and that law prohibits us from excluding or
modifying the application of, or Our liability under, any such
condition or warranty, that condition or warranty will be deemed to
be included in these terms and conditions but Our liability will be
limited for a breach of that condition or warranty to one or more
of the following:
- (a) if the breach relates to goods:
I. the replacement of the goods or the supply of equivalent
goods;
II. the repair of such goods;
III.the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
IV.the payment of the cost of having the goods repaired; and
4. Indemnity
You must indemnify us and Our
related bodies corporate and Our directors and employees against
any claim by a third party arising out of a breach of these terms
and conditions either by you or by any person using your password
or ID, whether or not you have authorised that person to use your
password or ID.
If liability to you arises under a
law that cannot be excluded, the disclaimer in this clause 8 does
not attempt or purport to exclude this liability.
5. Advertisements and
Linked or Embedded Sites
Responsibility for the content of
advertisements appearing on this website (including hyperlinks to
advertisers' own websites and details of accredited Instructors)
rests solely with the advertisers and We do not warrant that the
content is correct. The placement of such advertisements does
not constitute a recommendation or endorsement by us of the
advertisers' products or services. The inclusion of details of
Instructors on this website merely indicates that they have been
accredited by us as having performed the requirements of Our
accreditation process. Any links may not remain current.
Responsibility for the content and
privacy of sites linked to or embedded in this website rests solely
with the linked or embedded site. Linking to or embedding a site on
this website does not constitute a recommendation or endorsement by
us of the site or its operator, contents, products or
services. Any links may not remain current.
6. Copyright
Copyright in the keys2drive website
(including text, graphics, logos, icons, sound recordings, audio
visual material and software) is owned or licensed by us. You
may print out material from this website. However, except as
permitted by the Copyright Act 1968 (Cth) and similar
legislation which applies in your location, and, except as
expressly authorised by these terms and conditions, you must not in
any form or by any means:
- (a) adapt, reproduce, store, distribute, display, perform,
publish, communicate to the public or create derivative works from
any part of this website; or
- (b) commercialise any material, products or services obtained
from any part of this website;
without Our written permission.
7. Trade
Marks
The trade marks, logos and service
marks displayed on this website ("Marks") are owned or licenced by
us.
You must not use Our name or any of
Our trade marks:
- (a) in or as the whole or part of your own trade marks or
company or business names;
- (b) in connection with activities, products or services which
are not Ours or accredited by us;
- (c) otherwise than as permitted by this website, in relation to
activities and services accredited by us;
- (d) in meta tags or other hidden text on your website;
- (e) in a manner which may be confusing, misleading or
deceptive;
- (f) in a manner that disparages us or Our information, products
or services (including this website).
If you use any of Our trade marks
in reference to Our activities, products or services or activities,
products or services accredited by us, you must include a statement
attributing the trade mark to us.
8. Privacy
Policy
We undertake to comply with the
terms of Our privacy policy which is published on the keys2drive
website.
9.
Security of Information
Unfortunately, no data transmission
over the Internet can be guaranteed as totally secure. Whilst
We strive to protect your information, We do not warrant and cannot
ensure the security of any information that you post or transmit to
us. Accordingly, any information that you post or transmit to
us is posted or transmitted at your own risk. Nevertheless,
once We receive your transmission, We will take reasonable steps to
preserve the security of your information.
10.
Termination of Access
Access to the keys2drive website
may be terminated at any time by us without notice. Clauses 3, 4,
6, 7 and 8 will survive termination of access to this website or
termination of your membership.
11.
Governing Law
These terms and conditions are
governed by the laws in force in the Australian Capital
Territory. You agree to submit to the exclusive jurisdiction
of the courts of the Australian Capital Territory.
12.
General
If We waive any rights available to
us under these terms and conditions on one occasion, this does not
mean that those rights will automatically be waived on any other
occasion.
If any of these terms and
conditions is held to be invalid, unenforceable or illegal for any
reason, the remaining terms and conditions will nevertheless
continue in full force.