Terms and Conditions of Use
The samotor Online Services – Terms & Conditions of use
- About the samotor Online Services
1.1 The information and material on, or forming part of, the samotor Online Services (Content) may contain general information about RAA products and services, as well as other information of potential interest to RAA members and the broader community. Unless expressly stated otherwise, this general information does not constitute an offer or inducement to enter into a legally binding contract; and does not form part of the terms and conditions for RAA products and services.
1.2 Certain RAA products and services may only be available to residents of South Australia or Broken Hill, New South Wales.
1.3 RAA may, in its sole discretion and without notice:
(i) suspend any part of the samotor Online Services for maintenance, repair or similar operational reasons;
(ii) change any part of the RAA or samotor Online Services.
1.4 Content relating to any RAA product, service or offer should be read in conjunction with any terms and conditions, which relate to that product, service or offer.
- Links to Third Party Web Sites and Services
2.1 The samotor Online Services may contain links to other web sites and services operated by third parties (Third Party Services). Any such links are provided for convenience only and may not remain current.
2.2 RAA has no control over and excludes any and all liability (whether in contract, tort (including negligence), statute, equity or otherwise) arising out of or in connection with those Third Party Services.
- Your responsibilities
3.1 Your use of, and reliance upon, Content on the samotor Online Services is completely at your own risk.
3.2 You are responsible for your use of the samotor Online Services, including ensuring that your access and use of the samotor Online Services is lawful and is not prohibited by laws applicable to you.
3.3 In accessing or using the samotor Online Services, you must:
(i) not interfere with or disrupt the samotor Online Services, servers or networks connected to the samotor Online Services or any features of the samotor Online Services that are designed to protect the users, Content or security of the samotor Online Services;
(ii) not reproduce, duplicate, copy, sell, re-supply, distribute or exploit for any commercial purpose any portion of the samotor Online Services or the Content contained on them;
(iii) not introduce any computer virus or other contaminant (including without limitation bugs, worms, logic bombs or Trojan horses) into the samotor Online Services or use any automated software routine (e.g. bots) to access the samotor Online Services;
(iv) comply with any reasonable directions of RAA.
3.4 You are responsible for taking precautions to protect your computer system and mobile device from viruses or anything else that may interfere with or may damage the operation of your computer system or mobile device or the information contained on it.
3.5 You indemnify RAA against all loss and damage suffered, paid or incurred by RAA in connection with:
(i) your breach of the Terms and Conditions of Use;
(ii) your breach of law or the rights of a third party;
(iii) your access to and use of the samotor Online Services and any act, omission or direction you take or give in relation to the samotor Online Services.
3.6 You agree that RAA and Third Party Web Site operators will not, to the extent permitted at law, have any liability to any person in respect of any loss or claims which may be suffered or incurred by any act, neglect or default of RAA or Third Party Web Site operators.
- Exclusions and Limitation of Liability
4.1 RAA provides the samotor Online Services on an “as is” basis. To the extent permitted by law, RAA excludes any and all warranties in relation to the samotor Online Services. Without limiting the foregoing, RAA does not warrant:
(i) the continued availability of the samotor Online Services or that access to the samotor Online Services will be uninterrupted;
(ii) that the samotor Online Services will be free from viruses;
(iii) that any product or service featured on the samotor Online Services are available for purchase or use; or
(iv)the accuracy, adequacy or completeness of Content on the samotor Online Services.
4.2 To the extent permitted by law, RAA excludes any and all liability for any losses, damages, liabilities, claims or expenses whatsoever, arising out of or in connection with the samotor Online Services, whether in contract, tort (including negligence), under statute, equity or otherwise.
4.3 RAA’s liability for breach of a condition or warranty that cannot be excluded at law is limited (at RAA’s election) to the re-supply of the samotor Online Services or payment of the cost of the re-supply of the samotor Online Services.
4.4 RAA will not be liable for any interference or damage you may suffer in connection with your use of the samotor Online Services, including any damage caused by computer viruses, malicious computer code or any other form of interference. You should establish your own protection against viruses and other causes of damage.
- Intellectual Property
5.1 RAA owns or licences all Content (including source and object code) forming part of the samotor Online Services. You do not have any right, title or interest in any Content except as set out in the Terms and Conditions of Use.
5.2 The business names, trading names, images, and logos in any Content which identify RAA, or associated entity or third party and their products and services, are proprietary marks of the RAA, or relevant associated entity or third party.
5.3 RAA owns the copyright in all Content. You do not have any right to use, reproduce or publish the Content except with the prior written consent of RAA.
- Other Provisions
6.1 RAA reserves the right to change the Terms and Conditions of Use at any time and without prior notice to users. You must comply at all times with the current the Terms and Conditions of Use as published on the samotor web site.
6.2 The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of South Australia. Disputes arising in relation to the samotor web site shall, unless expressly agreed, be subject to the exclusive jurisdiction of the Courts of South Australia.
6.3 You must not assign your rights or sub-contract your obligations under the Terms and Conditions of Use without RAA’s written consent. RAA may assign its rights or sub-contract its obligations under the Terms and Conditions of Use without restriction.
6.4 To the extent permitted by law, the Terms and Conditions of Use contain the entire agreement of the parties with respect to its subject matter and supersedes all previous agreements, representations and discussions and you warrant you have not relied on any such agreements, representations and discussions.
6.5 If any part of the Terms and Conditions of Use is void or unenforceable, that part is taken to be removed from the Terms and Conditions of Use and the remaining Terms and Conditions of Use continue to have full effect.
- Notices and Contacting Us
7.1 RAA may give you notices under the Terms and Conditions of Use in writing by any lawful means, including by hand, post, fax, email and through the samotor Online Services. You may give RAA notices under the Terms and Conditions of Use in writing using the contact details set out here.
7.2 If you detect any illegal conduct in relation to the use of the samotor Online Services, or have any concerns regarding the samotor Online Services or the Terms and Conditions of Use, please contact RAA immediately.