VACC Website Terms of Use

1 About this website

This website is owned and operated by or on behalf of the Victoria Automobile Chamber of Commerce (VACC) and comprises those VACC-branded web pages under the domain name motor.net.au which include an authorised link to these Terms of Use (Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and by using this Website you agree to be bound by these Terms of Use.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

2 Links to other websites

The Website may contain links to third party websites. VACC does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, VACC makes no warranties or representations:

  • (a) regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services including services provided by VACC Members; or
  • (b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, VACC is not authorising the reproduction of material on linked websites.

3 Material available at the Website

The Website provides general information about VACC and VACC's various programs, services and activities.

In addition, the Website may from time to time contain or make available various message services, email lists, newsletter services, or other tools and facilities which may be of use to you. Whilst VACC has made every effort to ensure that any such features are accurate and free from defect, VACC does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

The Website may contain facilities allowing VACC members or others to submit offers (including offers of employment), deals or promotions by persons not related to or part of VACC, for inclusion as Content on the Website (Third Party Offers). In offering these facilities, VACC acts as a facilitator by which interested parties can locate each other, and is not involved in the transaction, payment nor delivery in any way whatsoever. Parties wishing to conclude such a transaction must do so outside of and separate from the Website. VACC does not sponsor, endorse, or approve of any Third Party Offers, or any material associated with those offers. Subject to any applicable law which cannot be excluded, VACC makes no warranties or representations regarding the quality, accuracy, merchantibility or fitness for purpose of Third Party Offers for goods or services, or any material associated with those offers, or that use of Third Party Offers and those materials does not infringe the intellectual property rights or any other rights of any person.

4 Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis. VACC may withdraw the Website at any time and without notice to you.

5 Ordering goods

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on this Website may not be fully representative of the goods described and should be used as a guide only.

By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on the Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer. We do not currently accept orders for delivery outside mainland Australia or Tasmania.

Prices for goods displayed on the Website may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on our Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. In an item you have ordered is out of stock, we will place that item on backorder until it becomes available.

Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. Any delivery period stated on the Website is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods.

6 User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

We may permit you to place information or other material on the Website (including posting messages, uploading files, in putting data or engaging in any other form of communication). By placing any information or other material on the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the information or material:

  • use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the information and material and create derivative works from the information and material; and
  • sublicence any of the forgoing rights to third parties.

You acknowledge that information or material that you send to, or attempt to include in the Website, may not reach or be correctly displayed on the Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, VACC is not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of information or material in, or a failure to receive or include information or material in, the Website, for whatever reason.

You are prohibited from sending information or material for inclusion on the Website which in any way whatsoever is illegal, misleading or deceptive, offensive, discriminatory, defamatory, identifies any individual (including their contact details) without their consent, or is associated with pornography, the sex industry, or any other category determined to be inappropriate by VACC at any time. If you submit any Third Party Offers for employment, you must ensure that those Third Party Offers comply with all applicable laws, including employment and discrimination laws. Any information or material that you send to, or attempt to include in the Website may be made publicly available to all users of the Website and VACC accepts no responsibility for third party use of that information or material. Whilst under no obligation to do so, VACC retains the right to review, edit, and remove any information whatsoever from any part of the Website at any time and without notice to you.

You are prohibited from submitting Third Party Offers unless you are over 18 and authorised or entitled to do so. You warrant and guarantee that all details and information you provide are correct in every particular. If you submit a Third Party Offer for goods or services as a business, you must identify your business by including in the material for publication the name of the business, and one of the following:

  • the business registration or license number (for example, an LMCT number for car dealers);
  • the physical address of the business; or
  • the business name registration number.

If you access any personal information about employment candidates through the Website, you must keep that information confidential and use it only for the purpose of considering those individuals for relevant positions available with your business.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

7 Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

8 Warranties

While we have made every effort to ensure that the Content is free from error, VACC does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Website. All Content and goods sold through the Website are provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice. VACC does not warrant that this Website or any linked websites will be free from viruses or defects.

9 Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, VACC, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Website, to any goods ordered through this Website, to any material on linked websites, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):

  • resupplying goods or services to you or supplying equivalent goods;
  • repairing the goods; or
  • paying the cost of having the goods or services resupplied or goods repaired.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

10 Indemnity

You indemnify VACC in respect of any liability incurred by VACC for any loss or damage, howsoever caused, suffered by VACC as a result of your breach of these Website Terms of Use or your use of the Website.

11 Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by VACC, unless indicated otherwise. “VACC” and all associated trade marks, are trade marks of VACC or its related bodies corporate.

Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of VACC.

12 Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. VACC may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, VACC has provided you with sufficient notice of the variation.

13 Jurisdiction

The law applicable to the Website and to disputes arising out of the Website is the law of the State of Victoria, Australia.