Terms and conditions
Terms and Conditions for
registered members
These terms and conditions apply to
registered members of keys2drivepilot.com.au ("the website" or
"this website" or "the keys2drive website").
The website www.keys2drivepilot.com.au
is operated by Australian Automobile Association (AAA) ACN 008 526
369.
Registration as a member is subject
to the terms, conditions and disclaimers provided in these terms
and conditions. By ticking the "I agree to the terms and
conditions" option on the registration screen, you agree to be
bound by these terms and conditions.
Users will be unable to access the
member only parts of this website unless they agree to these terms
and conditions.
General terms of use for use of
this website can be found under the "Disclaimer" link at the bottom
of each web page.
1. Terminology
In these terms and conditions the
expressions "we", "us" and "our" are a reference to the Australian
Automobile Association (AAA) ACN 008 526 369.
2.
Amendments to terms and conditions
We reserve the right to amend these
terms and conditions from time to time. Amendments will take
effect immediately upon being notified on this website. By
continuing to use this website you agree to be bound by the terms
and conditions as amended.
3. 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.
4. Becoming a
Registered Member
In order for you to access all
aspects of the keys2drive website as either a Learner, Supervisor
or Instructor, you must become a registered member. To do
this, you must complete your registration details on the website
and accept these terms and conditions. Registration is free
but your registered member status is non-transferable.
We reserve the right to terminate
your registered member status at any time if you breach these terms
and conditions.
5. Members'
Obligations
By registering as a member of the
keys2drive website, you agree to abide by the following terms and
conditions:
- (a) you acknowledge that any material submitted by you to this
website is and will be treated by us as non-confidential and
non-proprietary and we may use such material without
restriction;
- (b) when you submit material to this website, you assign all
copyright which subsists in such material to us and you agree to do
anything necessary to give effect to or complete this
assignment;
- (c) you are responsible for protecting the confidentiality of
your password;
- (d) you agree not to post or transmit any material which is
offensive, defamatory, obscene, unlawful, vulgar, harmful,
threatening, abusive, harassing or ethnically
objectionable;
- (e) you agree not to post or transmit any material that would
constitute, encourage or provide instructions on how to commit a
criminal offence or other breach of law or otherwise infringe the
rights of any person;
- (f) you agree not to disrupt the flow of dialogue or otherwise
act in a manner which negatively affects other members;
- (g) you agree not to impersonate any other person or
misrepresent yourself in any way;
- (h) you agree to provide current, accurate and up-to-date
information about yourself as required by this website;
- (i) you agree not to post and transmit any unsolicited
advertising or promotional materials;
- (j) you agree not to collect email addresses or other contact
information of other members from the website by electronic or
other means for the purpose of sending any unsolicited
communications;
- (k) you agree not to make publicly available on this website
any private information of any other person, including addresses,
phone numbers, email addresses and credit card numbers;
- (l) we may refuse to post or remove from this website any
material which you post or transmit without notice at any time in
our absolute discretion;
- (m) you agree not to post or transmit any material which may
infringe the rights of another person and you warrant that all
material posted or transmitted is your original work and not
sourced from any third party;
- (n) you will not post or transmit any material which contains
viruses or other computer codes, files or programs which are
designed to limit or destroy the functionality of other computer
software or hardware;
- (o) you accept that any material provided by you may be posted
in the discussion forum or on a blog for any other members to read,
except where the material is posted or transmitted to your private
account;
- (p) you agree not to hack into or deface this website,
including other members' accounts, or otherwise prevent other
members' access to this website;
- (q) you agree not to use this website in any unlawful manner or
any other manner that could damage, disable, overburden or impair
this website; and
- (r) you agree not to post or transmit material or do any other
act that, in our sole judgment, is objectionable or which restricts
or inhibits any other person from using or enjoying this website or
which may expose us or any of the keys2drive members to any harm or
liability.
6. Members'
Disputes
You are solely responsible for your
interactions with other members of the keys2drive website. We
reserve the right, but have no obligation, to monitor disputes
between members. We are under no obligation to attempt to
resolve the dispute.
7. Instructor
Accreditation
By following the rules and
procedures set out in the keys2drive website and passing any tests
to a standard satisfactory to us, it is possible for a Driving
Instructor (Instructor) to be accredited by us. We will then
list the Instructor's details on this website to enable Learners to
contact him/her to arrange a free driving lesson paid for by
us.
8. Disclaimer and
Indemnity
8.1 Free Driving
Session
As a Learner, it is your
responsibility to arrange the free driving session with an
Instructor. We do not warrant that a free driving session will
be available in your area or at all. The Instructor is
responsible for the provision of, quality of and fitness for
purpose of the lesson and materials supplied with the session (if
any). The Instructor is not our employee or agent and we are
not liable for his actions or inaction. We do not accept any
liability for any loss or damage, however caused, (including
through negligence) which you may directly or indirectly suffer
from or in relation to the session or for any failure to provide
the session or in relation to your ability to drive after the
session.
8.2 Use of the Site
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.
8.3 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:
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
8.4
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.
9.
Exception to Disclaimer
If liability to you arises under a
law that cannot be excluded, the disclaimer in clause 8 above does
not attempt or purport to exclude this liability.
10. 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.
11. 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.
12. 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; or
- (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.
13.
Privacy Policy
We undertake to comply with the
terms of our privacy policy which is published on the keys2drive
website.
By registering as a registered
member, you consent to AAA disclosing your personal information to
third parties as specified in our Privacy Policy.
14.
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.
15.
Termination of Access
Access to the keys2drive website
may be terminated at any time by us without notice. Clauses
5, 8, 9, 10, 11, 12, 15 and 16 will survive termination of access
to this website or termination of your membership.
16.
Governing Law
These terms and conditions are
governed by the laws in force in the Australian Capital Territory,
Australia. You agree to submit to the exclusive jurisdiction
of the courts of the Australian Capital Territory, Australia.
17.
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.