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ItalianCar | May 22, 2024

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Terms of use

ItalianCar Website & Club Terms of Use

Intellectual property and restrictions on use of Content on the Site
All information, text, material, graphics, software and advertisements on the Site (“Content”) are Copyright ©2001-2007 ItalianCar, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The Content is protected by Australian and international copyright and trademark laws. Content on the Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by ItalianCar or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of ItalianCar or an Affiliate or which is prohibited by these Terms of Use.

Communication facilities
The Site contains a Forum (an electronic bulletin board) which provides for feedback by users to ItalianCar, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services.

It is a condition of your use of any of these services and your access to the Site that you do not do any of the following:

1) restrict or inhibit any other user from using or enjoying the Forum;

2) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

3) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

4) post or transmit any material of any kind which contains a virus or other harmful component;

5) post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

6) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

7) download any file posted by any other user of the Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

ItalianCar may from time to time monitor or review the contents of its site. While ItalianCar reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in ItalianCar’s sole discretion is/are in any way objectionable or in violation of any applicable law or these Terms of Use, ItalianCar has no obligation whatsoever to monitor the site or to edit, delete or refuse to post such contents, nor is ItalianCar responsible for any contents of the site (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Site are solely their own).

You expressly acknowledge and agree that the site provides a means of public and not private communications. ItalianCar reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

All notices to ItalianCar relating to any legal claims or matters must be made in writing to ItalianCar, PO Box 5580, Manly QLD 4179 Australia. ItalianCar may send electronic mail for any notice or notification.

Terms of Use – ItalianCar Club Members & Membership

1/ Right to refuse an application to become a Member of the ItalianCar Club
1.1 Neither this Agreement nor any written or verbal quotation by ItalianCar represents an offer of membership of the ItalianCar Club. A binding contract in relation to a request to join will only be formed between ItalianCar and a prospective Member when ItalianCar accepts an application in writing or generates a notification of acceptance of that membership
1.2 Even if a contract has been formed in accordance with the clause above, ItalianCar reserves the right to refuse or withdraw any ItalianCar Club membership at any time without giving reasons

2/ Errors
2.1 ItalianCar does not accept responsibility for errors in information on the website or in the Club area. In particular ItalianCar makes no representation – express or implied – with regard to the accuracy of the information contained in the ItalianCar Directory and cannot accept any legal responsibility for any errors or omissions that may take place

3/ Membership Rates & Taxes
3.1 The Member or prospective Member must pay for membership in accordance with the rates quoted on the ItalianCar website. These rates may be varied at any time by ItalianCar without notice and are exclusive of taxes, duties or GST (‘Taxes’) unless it is specified that GST or other Taxes are included
3.2 All rates quoted are in Australian dollars unless indicated otherwise

4/ Payment
4.1 ItalianCar may grant, deny or withdraw credit to a Member at any time in its discretion
4.2 The Member or prospective Member must pay for membership by pre-payment

5/ Liability
ItalianCar excludes all liability to the Member or prospective Member for any costs, expenses, losses and damages suffered or incurred by the Member or prospective Member in connection with this Agreement, whether that liability arises in contract, tort (including by ItalianCar’s negligence) or under statute. Without limitation, ItalianCar will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity

6/ General
6.1 ItalianCar is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure
6.2 ItalianCar will not be liable for any delay or failure caused by a factor outside ItalianCar’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure. Government or legal restraint)
6.3 These Terms represent the entire agreement between the Member or prospective Member and ItalianCar and cannot be varied except in writing by an authorised officer of ItalianCar. No purchase order or other document issued by the Member or prospective Member will vary these Terms
6.4 These Terms are governed by the laws of Queensland, Australia and the Member or prospective Member consents to the non-exclusive jurisdiction and venue of the courts of that State for all disputes arising out of or relating to them

All notices to ItalianCar relating to any legal claims or matters must be made in writing to ItalianCar, PO Box 5580, Manly QLD 4179 Australia. ItalianCar may send electronic mail to the Member or prospective Member for any notice or notification