Terms and Conditions
User Agreement. In order to protect
the interests of all of our users, as well as those of our information
providers, we ask that you abide by the following rules. By registering as a
user or by using www.ozclassics.com.au (the
“Service”), you hereby agree to be bound by all of the following terms and
conditions (“Terms of Service” or “TOS”).
Termination of Service. You understand
and agree that in ozclassics.com.au’s sole discretion, and without prior
notice, ozclassics.com.au may terminate your access to this web site and the
Service or exercise any other remedy available and remove any unauthorized
User Content, if ozclassics.com.au believes that your use of the Web site,
Service and/or any User Content you provided has violated or is inconsistent
with these Terms of Service, violated the rights of ozclassics.com.au,
another User or the law. You agree that monetary damages may not provide a
sufficient remedy to ozclassics.com.au for violations of these terms and
conditions and you consent to injunctive or other equitable relief for such
violations. ozclassics.com.au is not required to provide any refund to you if
you are terminated as a User because you have violated these Terms of Service.
If you operate a Web site and wish to link to
the Service, you must link to the Service’s home page unless permission
otherwise has been granted in writing by ozclassics.com.au. ozclassics.com.au
reserves the right to reject or terminate any links to the Content or the
Service.
Text, photo, graphic, audio
and/or video material shall not be published, broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly in any
medium. Neither these materials nor any portion thereof may be stored in a
computer except for personal and non-commercial use. We will not be held
liable in any way to the User or to any third party or to any other person who
may receive information in the Service or to any other person whatsoever, for
any delays, inaccuracies, errors or omissions there from or in the
transmission or delivery of all or any part thereof or for any damages arising
from any of the foregoing or occasioned thereby.
User Content. By placing material on
or communicating with the www.ozclassics.com.au
web site and the Service, you hereby grant to ozclassics.com.au
the royalty-free, perpetual, irrevocable, nonexclusive right and
license to use, copy, modify, display, distribute and reproduce all such
materials in any form, media, software or technology of any kind now existing
or developed in the future. You also agree to indemnify, defend and hold ozclassics.com.au
harmless against any claims or costs, including attorneys’
fees, arising from the use or distribution of those materials. You further
grant ozclassics.com.au the right to use your name in
connection with the reproduction or distribution of such material.
Prohibited Activities and Content. The
following is a partial list of the kinds of activities and content that are
prohibited on or through the Service: (a) submitting content that is patently
offensive to the online community, such as content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting content that could be harmful to
minors; (c) engaging activity or submitting content that harasses or advocates
harassment of another person; (d) engaging in activity that involves the
transmission of “junk mail” or unsolicited mass mailing or “Spam”; (e)
engaging in activity, or submitting content, or promoting information that is
false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous; (f) submitting content that
contains restricted or password only access pages, or hidden pages or images;
(g) submitting content that displays pornographic or sexually explicit
material of any kind; (h) submitting content that provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone’s privacy, or providing or creating computer viruses; (i)
engaging in activities or submitting content that solicit passwords or
personally identifiable information for commercial or unlawful purposes from
other users; and (j) engaging in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
Access to the Service. You agree that
you will not: (a) use any robot, spider, other automatic device, or manual
process to monitor or copy web pages or the Content contained in the Service
or for any other unauthorized purpose without our prior expressed written
permission; (b) use any device, software, or routine to interfere or attempt
to interfere with the proper working of the Service and the ozclassics.com.au
web site; and (c) take any action that imposes an unreasonable or
disproportionately large load on ozclassics.com.au’s hardware and software
infrastructure.
ozclassics.com.au does not accept
unsolicited materials or ideas for use or publication in its programming or in
other digital, electronic or print media except in connection with the forums,
chat rooms and bulletin boards on the Service. ozclassics.com.au
shall not be responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to the Service.
ozclassics.com.au
Disclaimer: The information on vehicles provided in this Service is
supplied by the seller or third parties, and ozclassics.com.au
cannot and do not verify or warrant the accuracy or completeness of
the information. The Service and materials contained herein are provided on an
“as is,” “as available” basis, and ozclassics.com.au
makes no representations or warranties, expressed or implied, to any actual or
prospective purchaser or owner of any vehicle as to the existence, ownership
or condition of the vehicle, or as to the accuracy or completeness of any
information about the vehicle contained in this Service. You acknowledge that
any reliance upon any such materials shall be at your sole risk. ozclassics.com.au
reserves the right, in its sole discretion, to correct any error or omission
in any portion of the Service or materials. Any and all concerns, differences
or discrepancies must be addressed with the seller prior to the sale of the
vehicle. You agree to release, hold harmless and indemnify ozclassics.com.au
from any and all liability arising from incorrect or
incomplete information regarding any vehicle.
ozclassics.com.au
specifically disclaim any implied warranties, including the warranties of
merchantability and fitness, for a particular purpose regarding any vehicle
with information provided in this Service. All vehicles are subject to prior
sales.
General Disclaimer and Limitation of
Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN
RISK. NEITHER OZCLASSICS.COM.AU, NOR ANY OF ITS AFFILIATES, EMPLOYEES,
AGENTS, PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING
MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE
SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND OZCLASSICS.COM.AU AND THE
PARTNERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
OZCLASSICS.COM.AU, ITS AFFILIATES,
EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT
BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING
FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION,
LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS,
OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN
TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF OZCLASSICS.COM.AU,
ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS
SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR
TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous. ozclassics.com.au
reserves the right at its discretion to change these Terms of Service and will
notify users of any such changes by online postings. Your continued use of the
Service after the posting of any amended Terms of Service shall constitute
your agreement to be bound by any such changes. The Service may modify,
suspend, discontinue or restrict the use of any portion of the Service,
including the availability of any portion of the Content at any time, without
notice or liability.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE
OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE
IMMEDIATELY.