Terms of Use

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly,
if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any
of our website services], we will ask you to expressly agree to these terms and
conditions.

1.4 [You must be at least [18] years of age to use our website; and by using our website
or agreeing to these terms and conditions, you warrant and represent to us that
you are at least [18] years of age.]

2. Cookies

2.1 [Our website uses cookies; by using our website or agreeing to these terms and
conditions, you consent to our use of cookies in accordance with the terms of
our [privacy and cookies policy].]

3. Copyright notice

3.1 Copyright (c) Driving Enthusiast.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and

(b) all the copyright and other intellectual property rights in
our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) [stream audio and video files from our website; and]

(e) [use [our website services] by means of a web browser,] subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.

4.3 [You may only use our website for [your own personal and business purposes], and you
must not use our website for any other purposes.]

4.4 Except as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication
on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose;
or

(e) redistribute material from our website.

4.6 [Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].]

4.7 We reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes,
or may cause, damage to the website or impairment of the performance,
availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;

(d) conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data extraction
and data harvesting) on or in relation to our website without our express
written consent;

(e) [access or otherwise interact with our website using any
robot, spider or other automated means;]

(f) [violate the directives set out in the robots.txt file for our website; or]

(g) [use data collected from our website for any direct marketing
activity (including without limitation email marketing, SMS marketing,
telemarketing and direct mailing).]

5.2 [You
must not use data collected from our website to contact individuals, companies
or other persons or entities.]

5.3 You must ensure that all the information you supply to us through our website, or
in relation to our website, is [true, accurate, current, complete and
non-misleading].

6. Registration and accounts

6.1 [To be eligible for an individual account on our website under
this Section 6, you must [be at least 18 years of age and resident in the
United Kingdom].]

6.2 You may register for an account with our website by [completing and submitting the
account registration form on our website, and clicking
on the verification link in the email that the website will send to you].

6.3 You must notify us in writing immediately if you become aware of any unauthorised
use of your account.

6.4 You must not use any other person’s account to access the website[,
unless you have that person’s express permission to do so].

7. User IDs and passwords

7.1 If you register for an account with our website, [we will provide you with / you
will be asked to choose] a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules
set out in Section 10; you must not use your account or user ID for or in
connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of
your password.

7.5 You are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may be held liable for any losses arising
out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) [suspend your account;]

(b) [cancel your account; and/or]

8.2 You may cancel your account on our website [using your account control panel on the
website].

9. Your content: licence

9.1 In these terms and conditions, “your content” means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website.

9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to
[use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media / reproduce, store and publish your content on
and in relation to this website and any successor website / reproduce, store
and, with your specific consent, publish your content on and in relation to
this website].

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 [You grant to us the right to bring an action for infringement of the rights
licensed under Section 9.2.]

9.5 [You hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.]

9.6 [You may edit your content to the extent permitted using the editing functionality
made available on our website.]

9.7 Without prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and
conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and
conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions
for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) [depict violence[, in an explicit, graphic or gratuitous manner];]

(m) [be pornographic[, lewd, suggestive or sexually explicit];]

(n) [be untrue, false, inaccurate or misleading;]

(o) [consist of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]

(p) [constitute spam;]

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or]

(r) [cause annoyance, inconvenience or needless anxiety to any person.]

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

11.2 We reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services, or
if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and
elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and
conditions or relating to the subject matter of these terms and conditions,
including liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.

12.3 [To the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any
nature.]

12.4 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data,
database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential
loss or damage.

12.8 [You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).]

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and
request that they block your access to our website;

(f) commence legal action against you, whether for breach of
contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where
we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 [The revised terms and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent
to, revisions of these terms and conditions. / We will give you written notice
of any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using our website.]

14.3 [If you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.]

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would
be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 These terms and conditions are for our benefit and your benefit, and these terms and
conditions are not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under these terms and conditions is not subject
to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and
cookies policy], shall constitute the entire agreement between you and us in
relation to your use of our website and shall supersede all previous agreements
between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with
[Australian law].

19.2 Any disputes relating to these terms and conditions shall be subject to the
[exclusive / non-exclusive] jurisdiction of the courts of [Australia].

20. Statutory and regulatory disclosures

20.1 [We are registered in http://www.asic.gov.au/; you can find the online version of
the register here.]

20.2 [We are subject to [authorisation scheme], which is supervised by [supervisory
authority].]

20.3 [We are registered as Driving Enthusiast with ASIC in [Australia] and are subject to [rules],
which can be found here.]

20.4 [Our ABN is [41 120 489 776].]

21. Our details

21.1 This website is owned and operated by Driving Enthusiast.

21.2 [We are a registered Business in Australia.]

21.3 Our principal place of business is at [13 Highview Drive, Farmborough Heights, NSW, 2526].

21.4 You can contact us by writing to the business address given above, by using our
website contact form, by email to [info (at) drivingenthusiast.com.au]. You can also contact us through Facebook.

22. Credit

2.1 Terms and conditions created by (http://www.seqlegal.com).