Terms & Conditions

Terms & Conditions

 

Introduction and Acceptance

Cars For Hope Incorporated (“Cars For Hope”, “We”, “Us”, “Our”) takes your privacy and security of personal information very seriously. We have provided a secure environment on https://carsforhope.com.au/ (“Website”) which includes all subdomains present and future, and the Terms & Conditions (“Terms”) that describes the ways the information is used.

By visiting and/or using the Website, or by submitting information to us, you agree to be bound by the provisions of the present Terms. The Terms should be read in conjunction with the Privacy Policy, as these documents govern your use of the Website.

In these Terms, a Website visitor or user may be referred to as “You”. When a Website user has created an account and is logged in, they may be referred to as a “Logged In User”. When a Website user has made a purchase, they may be referred to as a “Client”.

These Terms were last modified on 19 February 2017. Cars For Hope reserves the right, at any time and without prior notice, to modify or replace any of the Terms. Any changes to the Terms can be found at this URL. It is your responsibility to check these Terms periodically for changes. Your use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. Should you object to any of the provisions of the Terms, or other notices of Cars For Hope, you shall immediately cease use of the Website.

“Cars For Hope” refers to the organisation and platform.

 

Legal Information

Cars For Hope does not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or subdomain, or redirect content contained within a link or subdomain on the Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

Information on the Website and any other Cars For Hope publication should not be regarded as a substitute for professional medical treatment or advice.

Cars For Hope is responsible for maintaining the Website and all Cars For Hope publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on the Website by or on behalf of Cars For Hope, and any Third Party Content on the Website) and Cars For Hope and/or its respective officers, directors, owners, officials, partners, partnerships, employees, volunteers, affiliates and other related entities, servants, agents, representative, successors and assigns, disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.

 

Restrictions of Use

By visiting and/or using the Website, you agree that you will not: (1) use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website; (2) use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website; (3) undertake any action that will impose a burden or make excessive traffic demands on the Website infrastructure that we deem, to our sole discretion, to be unreasonable or disproportionate site usage; (4) use or index any content or data on the Website for the purposes of: constructing or populating a searchable database; building a database of information, or; competing with Cars For Hope in any manner that we have not specifically authorised in writing; (5) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial or non-commercial in nature; (6) use the Website or any content from the Website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available; (7) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right; (8) pose as any person or entity or attempt to solicit money, passwords or Personal Information from any persons; (9) act in violation of any Terms or other condition posed by Cars For Hope or any applicable law; (10) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Cars For Hope and/or the Website, and any content on the Website, except as specifically authorised by Cars For Hope in writing; (11) transmit or attempt to transmit any computer viruses, worms defects, Trojan horses or other items of a destructive nature.

Cars For Hope reserves the sole right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers, or reporting any fraudulent or criminal activity, or any activity in violation of the Terms & Conditions to any person or entity.

 

Copyright

The subject matter on an accessible from the Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Cars For Hope grants visitors to the Website permission to download copyright material only for private and non-commercial purposes. For reproduction or use of Cars For Hope copyright material beyond such use, written permission must be obtained directly from Cars For Hope or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner?s name and interest in the material be acknowledges when the material is reproduced or quoted, in whole or in part.

 

Third Party Links and Advertising

The Website often includes hyperlinks and pointers to websites operated by third parties. Links to any Third Party Website include, without limitation, do not form part of Cars For Hope and are not under the control or responsibility of Cars For Hope. When you access any Third Party Website you leave the Website and do so at your own risk. Cars For Hope and/or its respective officers, directors, owners, officials, partners, partnerships, employees, volunteers, affiliates and other related entities, servants, agents, representative, successors and assigns disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from any such Third Party Website. A display of advertising or link to any Third Party Website does not necessarily imply an endorsement or recommendation by Cars For Hope.

 

Contributions and Submissions

In these Terms, “Contributions” means any information including, but not limited to, data, text, video, still images, photographs, audio or other material Cars For Hope has permitted you to host, share, publish, post, store, or upload via the Website as permitted under these Terms.

Cars For Hope may, at any time without liability to you, remove, alter or disable access to any or all of your Contributions to our sole discretion without prior notice to you. Without limiting the previous sentence, Cars For Hope may, to our sole discretion, remove or disable access to any or all of your Contributions if we consider that: (1) those Contributions are in breach of any law or regulation (domestic, international or otherwise); (2) those Contributions infringe the intellectual property rights of any third party; (3) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final- takedown notice; (4) those Contributions are: misleading or deceptive; inappropriate having regard to the purpose of Cars For Hope and/or the Website; likely to cause offence; materially incorrect; obscene; defamatory; otherwise unlawful, or; corrupted, due to the presence of a virus or other disabling mode.

You retain all of your ownership rights in your Contributions. Cars For Hope is under no obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you grant Cars For Hope a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each visitor or user of the Website a non- exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Cars For Hope and these Terms.

You grant Cars For Hope, in respect of Contributions to the Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that: (1) you own and control all of the rights to the Contributions, or; (2) you have the lawful right, including all necessary licences, rights, consents, and permissions to use and authorise Cars For Hope to display the Contributions.

For any Contributions you may retain moral rights in, you declare that: (1) you do not require that any Personal Information be used in connection with the Contribution, or any derivative work, upgrade or update to the Contribution; (2) you understand that when accessing the Website, you may be exposed to the Contributions of other users of the Website; (3) you acknowledge and agree that Cars For Hope does not have control of and is not responsible for these other Contributions, and; (4) you release Cars For Hope from any claims that you could assert against Cars For hope relating to or in connection with these other Contributions.

You represent and warrant that: (1) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Cars For Hope to display your Contributions, and; (2) you will not make any Contributions that: infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you: are misleading or deceptive; are materially incorrect; are likely to cause offence;; directly or indirectly involve the advertising or marketing of any products or services; are obscene, including pornographic, hateful, racially or ethnically offensive material; are defamatory; are otherwise unlawful or encourage unlawful conduct, or; are otherwise inappropriate having regard to the purpose of Cars For Hope.

 

Third Party Content

The Website contains content provided to Cars For Hope by other parties (“Third Party Content”). Cars For Hope does not have a practice of monitoring or making inquiries about Third Party Content. Cars For Hope is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Cars For Hope. You rely on Third Party Content completely at your own risk.

 

Editorial Content

Any editorial content or articles on the Website are of a general nature only and do not consider the personal objectives, situation or needs of any particular person. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed explicitly by Cars For Hope is deemed to be Third Party content for the purpose of the section above.

 

Warranties

You represent and warrant that: (1) your use of the Website will comply at all times with these Terms and any directions we make to you in relation to your use of the Website; (2) you will make sure that you keep your username and password by which you may access the Website confidential and secure at all times, and; you accept all liability for any unauthorised use of any username and/or password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Cars For Hope.

 

Indemnity

You agree to indemnify and hold Cars For Hope and/or its respective officers, directors, owners, officials, partners, partnerships, employees, volunteers, affiliates and other related entities, servants, agents, representative, successors and assigns against any and all loss, liability, claim or demand (including reasonable attorney?s fees arising out of, or in connection with your use of and access to the Website or making Contributions not in accordance with these Terms).

 

Linking to the Website

You may only link to content on the Website if explicitly consented to by Cars For Hope. If we do allow you to link to the Website, it is on the conditions that you do not: (1) attribute a link to Cars For Hope content as being a link to your own or someone else?s content (for example, use your own logo to link to Cars For Hope content); (2) attribute a link to the Website and then link elsewhere; (3) frame Cars For Hope content in such a way as to present it as your own or as belonging to anyone other that Cars For Hope and our licensors, or; (4) link to Cars For Hope content as part of a website that aggregates information and/ or content or competes with Cars For Hope in any manner.

Cars For Hope reserves the sole right to require that you do not link to our content and we may exercise this right by giving notice to you. Cars For hope reserves complete discretion in relation to the exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

 

Limitation of Liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth), similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified, apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-supply of services or payment of the cost of re-supply of services; or the replacement of repair f goods or payment of the cost of replacement or repair.

In no event shall Cars For Hope be responsible to your or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred to by or awarded against you under or in any way connected with this agreement or the Website?s. Notwithstanding anything to the contrary herein, the aggregate liability of Cars For Hope Incorporated and its related entities to you for any cause of action whatsoever and regardless of the form of the action, will at times be limited to $100.00 AUD.

 

Jurisdiction

Your use of the Website, these Terms, our Privacy Policy and all of Cars For Hope?s legal terms and notices will be governed by and construed in accordance with the laws of New South Wales, Australia, and by using the Website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.