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Terms of Use
WEBSITE TERMS OF USE
From time to time, Autolac Industries Pty Limited as trustee for Autolac Industries Unit Trust ABN 27 192 108 807 (“Autolac”), may make services available via the www.autolac.com.au website, such as online ordering services (“Autolac Website Services”). These Autolac Website Services, and the Autolac Website, will be collectively referred to as "Autolac Website" in these terms.
Your access to and use of Autolac Website is subject to these terms and Autolac's Privacy Statement which are deemed to be incorporated in these terms (collectively “Terms of Use”). Please read and understand the Terms of Use prior to using the Autolac Website.
Unless expressly stated otherwise in these terms, the Autolac Website is for the use of residents of Australia only.
What you must do
1.1 You must use Autolac Website in accordance with the Terms of Use.
1.2 You may use a security credential ("Customer ID") to access Autolac Website. The Customer ID could take the form of a username and password, a digital certificate or another security-related technology. Autolac may require you to use a different type of Customer ID to access different parts of Autolac Website. The Customer ID may be used only for the purposes of accessing Autolac Website and for authorising instructions or requests using the Autolac Website services made available from Autolac Website. Any other use of your Customer ID is prohibited.
1.3 If you are under 18 years of age, and do not have an Autolac account, you must obtain a parent/guardian's consent prior to using Autolac Website.
1.4 If you are using Autolac Website on behalf of another person ("Authorising Person"); for example, your employer, you must be authorised to use Autolac Website and agree to the Terms of Use, on behalf of the Authorising Person.
What you must not do
2.1 You must not:
• use Autolac Website for any activities, or post or transmit to or via Autolac Website any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes;
• use Autolac Website in a way, or post to or transmit to or via Autolac Website any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Autolac Website;
• use Autolac Website to send unsolicited commercial or bulk electronic mail messages to anyone;
• make any fraudulent or speculative enquiries, bookings, reservations or requests using Autolac Website;
• use another's Customer ID or name without permission;
• provide false information when registering or changing your Autolac Website registration details;
• impersonate another person when using Autolac Website;
• post to or transmit to or via Autolac Website any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
• tamper with, hinder the operation of or make unauthorised modifications to Autolac Website;
• knowingly transmit any virus or other disabling feature to or via Autolac Website; or
• attempt any of the above acts or permit another person to do any of the above acts.
Security
3.1 For security reasons Autolac may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Autolac Website servers. In addition to the types of loss set out in clauses 6.3 to 6.6 for which Autolac is not responsible, Autolac is not responsible for any information you may lose if the Autolac Website servers terminate your browser session due to prolonged periods of inactivity between your browser and the Autolac Website servers.
3.2 You must comply with all directions issued by Autolac relating to use of your Customer ID and access to Autolac Website. Autolac is not responsible for providing the computer, hardware, software or any other equipment necessary to access the Internet. You must not send or disclose any part of your Customer ID that is meant to be confidential ("Confidential Component of your Customer ID") (for example, the password component of your Customer ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 3.3 below. If you use a workplace email address to access Autolac Website, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
3.3 You must not keep the Confidential Component of your Customer ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Customer ID to any other person, other than:
• another person authorised by you to access and use Autolac Website on your behalf; or
• another person authorised by the Authorising Person (for example, another employee) to access and use Autolac Website on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.
3.4 Autolac is entitled to rely on your Customer ID as evidence of your identity and authority for the purposes of Autolac Website (including, for example, for the purpose of making payments to Autolac using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Autolac may send billing and payment information relating to your Autolac accounts). You are responsible for all use of Autolac Website and your Customer ID where you have not complied with the Terms of Use. Other than by reference to a person's Customer ID, Autolac cannot and does not verify that each person who accesses Autolac Website is in fact the person they say they are, or acts with the authority of the person whose Customer ID they use.
3.5 You must immediately notify Autolac if you become aware:
• that the Confidential Component of your Customer ID has been compromised or is known by a third party (other than by an Authorised Person); or
• of any unauthorised use of your Customer ID.
In the event that you notify us of either of these things, Autolac will take reasonable steps to deactivate the Customer ID and issue you with a new Customer ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.
3.6 Autolac will take reasonable steps to secure Autolac Website and the systems in our control that are used to access Autolac Website. However, the internet is sometimes unreliable and is a difficult medium to secure. Autolac does not guarantee the security of Autolac Website or the systems (including the internet and your hardware and software) used to access Autolac Website, or any information that passes through such systems.
3.7 The Autolac Website is hosted behind a firewall with access only via standard web port 80. All credit card and personal details are captured on secured pages using 128 Bit encryption. Credit card details are not stored except for the first 4 digits
and last 4 digits. All transactions are processed in real time with the Autolac’s bank’s payment gateway via a secure connection.
Privacy
4.1 Autolac may use and provide personal information about you that is collected by Autolac on Autolac Website. The collection and provision of this information is subject to privacy laws. Autolac will comply with the Autolac Privacy Statement in dealing with any personal information provided by you via Autolac Website.
4.2 Autolac offers you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.
4.3 To avoid doubt:
• by authorising a person to use your Customer ID under clause 3.3, you authorise Autolac to disclose to that person your personal information; and
• by requesting via Autolac Website that Autolac send billing and payment information to a person's email address or phone number, you authorise Autolac to disclose to that person your personal information, in each case including information related to your Autolac billings and payments.
Online Bills
5.1 It is your responsibility to regularly check the Autolac Website for your delivered Autolac online bills, which will generally be sent in accordance with normal billing cycles.
5.2 Autolac is not obliged to notify you when a new bill is made available on the Autolac Website. As a courtesy, however, Autolac will attempt to give you notice that your bill is available for viewing online (for example, by SMS or email). It is your responsibility to contact Autolac if you do not receive bill notices.
5.2 Once your bill is delivered to the Autolac Website, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from Autolac regarding online billing and whether or not you access or view your bill on the Autolac Website.
5.4 If you request via Autolac Website that Autolac send billing and payment information to a person's email address or phone number, you nominate that person as your agent for the purpose of receiving Autolac billing and payment information.
5.5 The presentation of an online bill may be affected by the settings or quality of the computer equipment and including software you use to view the online bill. Autolac cannot control this, and Autolac do not guarantee that the presentation of the online bill you view will not be distorted.
Our liability to you
6.1 Given the nature of telecommunication systems, particularly the internet, Autolac cannot guarantee that the Autolac Website will always be available or fault or virus free.
6.2 The terms that apply to the supply of Autolac Website are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
6.3 Autolac’s liability is limited by the terms of clauses 6.4 to 6.6 below and of Autolac’s Terms of Trade which appear on the Autolac Website.
6.4 Autolac is not responsible for: loss caused by factors which could reasonably be considered to be outside our control, such as faults in third party equipment; loss of data; or loss of profits or revenue; and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
6.5 You must take reasonable steps to minimise the extent of the loss you may suffer as a result of your use Autolac Website.
6.6 You must notify us in writing of your loss as soon as is reasonably possible.
Your liability to us
7.1 You are liable to us for breach of contract or negligence under the principles applied by the courts.
Change of the Terms of Use
8.1 Autolac may change the Terms of Use by giving notice to you in accordance with this clause 8 and clause 10.2. The period of notice Autolac will give you depends on the type of change.
8.2 If the change will benefit you, Autolac can make the change immediately and Autolac is not required to notify you prior to the change.
8.3 If the change has a detrimental impact on you but is: required by law; necessary for security reasons; to prevent fraud; or for technical or infrastructure reasons, Autolac will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, Autolac may not be able to give you three days prior notice but Autolac will give you as much notice as Autolac reasonably can. Notice may be provided to you in the manner set out in clause 10.2.
8.4 If Autolac reasonably considers that the change will have a significant detrimental impact on the majority of our customers using Autolac Website or on a specific class of customers who use Autolac Website in a particular way (and you are one of this class), and the change is not of a type described under clause 8.3, Autolac will give you at least 30 days prior notice of the change.
8.5 If the change is not of a type described in clause 8.2, 8.3 or 8.4, Autolac will give you at least 10 days prior notice of the change.
8.6 If Autolac changes the Terms of Use under this clause 8, you may choose to stop using Autolac Website. Any use of Autolac Website after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.
8.7 Autolac does not have to notify you if Autolac makes changes to the Autolac Website.
Termination
9.1 You may stop using Autolac Website at any time, for any reason.
9.2 Autolac may stop making Autolac Website, or a part of Autolac Website, available with 30 days prior notice. Notice may be given in the manner set out in clause 10.2.
9.3 Autolac may immediately suspend, terminate or limit your access to Autolac Website if:
• you are in breach of the Terms of Use and:
(i) the breach is something which cannot be remedied; or
(ii) you fail to remedy the breach within 30 days of our written notice to you of that breach; or
• there is an emergency.
9.4 If you enter a contract for the supply of goods and/or services via Autolac Website, that contract will not be affected if Autolac stops making Autolac Website or part of Autolac Website available to you.
Communication with you
10.1 As part of some Autolac Website services available via Autolac Website, Autolac may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When Autolac does this (except as set out in clause 10.2), the following will apply:
• you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and
• you must notify Autolac as soon as possible of any changes to your contact details for the online services using the online method provided by Autolac.
10.2 Despite clause 10.1, for the purposes of clauses 8 and 9.2, Autolac will give you notice by posting the content of the notice to Autolac Website.
10.3 From time to time, in addition to giving you notice in the way required of us by clause 10.1 or 10.2, Autolac may choose to also give you notice by another method. If Autolac give you such additional notice, you should not presume that Autolac will do this every time.
Use of your information and material
11.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via Autolac Website, you agree that Autolac can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
General matters
12.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
12.2 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
12.3 If Autolac does not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.
12.4 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which Autolac will not unreasonably withhold.
Copyright
13.1 All copyright and other intellectual property rights subsisting in the Autolac Website and content on it are owned or licensed by us and protected by the laws of Australia. You are authorised to view the Autolac Website and its contents using your web browser. You must not otherwise reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Autolac Website except as permitted by statute or with our prior written consent.
Trade mark
13.1 The Autolac Website includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word AUTOLAC and the Autolac logo. You may not use our trade marks or the names ‘Autolac Industries Pty Limited', ‘Autolac Industries Unit Trust’ or the name of any of our related entities without our prior written consent.
Links to third party sites
14.1 The Autolac Website may contain links to third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
Linking to Autolac Website
15.1 Autolac welcomes links to the Autolac Website in accordance with the following terms and conditions:
• You may only create a link to the front page of the Autolac Website, for example, www.autolac.com.au. You must not create any links to a specific webpage within the Autolac Website, a practice often known as "deep linking".
• You must not create the link or use it in any way to represent or imply falsely, deceptively or confusingly that Autolac sponsor, endorse or are affiliated with or related to any third party (including you) or product; or that you are providing, or are the source of, any goods or services provided by us.
• You use the link to the Autolac Website at your own risk. Except to the extent that any law imposes liability on us which cannot be excluded, Autolac will not be liable for any loss or damage from any cause (including negligence) to your website and system, or to people linking to us from your website(s), caused by or in connection with a link to the Autolac Website. Any such loss or damage will be your responsibility.
• Your website, and any material on it, must conform to accepted standards of public decency and good taste. It must not expose us to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third party's rights. Neither you nor the material on your website may disparage us or our goods or services.
• You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of these terms and conditions.
• Your website must not frame a webpage of the Autolac Website, and when a link to the Autolac Website created in accordance with terms of this Notice is clicked by a user: the front page of the Autolac Website must be shown in full without distortion; and the URL of the front page of the Autolac Website (e.g. www.autolac.com.au) must be displayed in the address bar of the user's web browser.
Terms of Use – April 2011
© Autolac Industries Pty Limited
as trustee for Autolac Industries Unit Trust ABN 27 192 108 807
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