Intellectual property and restrictions on use of Content on the Site
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.
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.
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
2.1 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
4.1 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
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
6.1 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