All American Auto Parts – Digital Notice Board
Terms of Use
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- These Terms of Use (‘Terms’) apply to your access to and use of the All American Auto Parts Digital Notice Board Site (www.allamericanautoparts.com.au) which is operated by DeerG Pty Ltd (ACN 145 746 934) trading as All American Auto Parts ABN 63 692 460 959 (‘we’, ‘us’, ‘our’, and ‘AAAP’) and associated services (‘Services’) and you agree to comply with these Terms when accessing or using our Services.
- To use our Services you must be over 18 years old.
- We do not charge a fee to use our Services. We may ask that in using our Services to post any content you consider donating to a charitable entity of our choice but making such a donation is not compulsory and is not a condition of your use of the Services. We are not in any way affiliated with any such charity identified on our Services.
- In using our Services, you are not permitted to:
- engage in any false or misleading conduct;
- engage in or publish any defamatory, threatening, abusive, obscene or indecent material;
- violate any laws;
- breach the rights of any third party, including any breach of copyright or other intellectual property;
- engage in or distribute any content that contains spam or other nuisances;
- distribute any communications which involve chain letters or pyramid schemes, viruses or other harmful or illegal content;
- interfere with the operation of our Services;
- copy, modify or distribute another person’s content without their permission;
- gather or collect information about other users of the Services without their permission;
- bypass our security measures or restrictions on your access to the Services; or
- publish any content with intent to profit from any disaster, health concern or other tragedy.
- The content we welcome on the Services broadly fits within the following categories:
- Buy and sell: users may list items they wish to sell or are looking to buy, subject to these Terms;
- Shows and events: users may list their events such as (without limitation) car shows, subject to these Terms; and
- Business directory: businesses that we may refer our users to, at our discretion, subject to these Terms.
- For the avoidance of doubt, unless expressly noted otherwise:
- we are not involved in the sale of any goods or services listed in the Buy and Sell section of the Services, any such sale which occurs is solely between the users selling and purchasing the goods or services;
- we are not involved in the organisation of, and do not endorse any events listed in the Shows and Events section of the Services; and
- we do not have any affiliation with businesses listed in the Business Directory and are not liable for and do not warrant the goods or services they supply.
- The following items are specifically prohibited to be advertised for sale, purchase or otherwise on our Services (without limitation, we reserve the right to deem any other item or service prohibited for sale on the Services):
- Goods or services which are the same, of the same nature or substantially similar to goods or services offered for sale by AAAP or our associated entities or any content, goods or services from any business which is the same or substantially similar to AAAP;
- Illegal goods; illegal services; or other goods or services restricted by law including (without limitation) alcohol; controlled substances; fireworks and explosives; lottery tickets and gambling services; restricted plants and animals; tobacco products; weapons; medicinal or pharmaceutical goods and supplements;
- Hazardous materials including but not limited to toxic, radioactive and explosive materials;
Counterfeit products, fraudulent and stolen goods;
- Personal information; and
- Offensive materials.
- We reserve the right to refuse content which we consider (in our discretion) violates these Terms, is otherwise inappropriate or harmful to our users and we may take steps to delete your content and/or restrict your access to our Services, however irrespective of the steps taken by us (if any):
- we don’t accept liability for monitoring the Services for content which breaches these Terms;
- you are solely liable for all information accessed by you, provided to us or published on the Services and any consequences which result from such content; and
- you accept that we are not obliged to monitor, fact check or verify any information, data or content published or made available on the Services.
- The Services contain information and content from us, you and all other users. You agree not to copy, distribute or modify content from the Services, our trademarks or copyright without our express written consent. For any content provided by you, you grant us and represent that you have full rights to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content. In submitting content to the Services, you waive all moral rights to the content to the fullest extent permitted by law.
- In using our Services, you warrant to us that you have had the opportunity to obtain independent legal advice and financial advice particularly with regard to any purchase or sale of goods listed on the Services.
- In using the Services, you acknowledge and agree:
- we are not responsible for content posted by other users or the conduct of other users;
- we do not warrant that content posted by other users is accurate, safe or legal and we do not provide any guarantee of quality of such content;
- we do not guarantee uninterrupted, continuous or secure access to the Services and reserve the right to make changes to the Services at any time without prior notice;
- we are not responsible for the posting of any content which breaches these Terms, including content which is defamatory, illegal, immoral, threatening or inappropriate or which otherwise infringes your rights or any law; and
- to the maximum extent permitted by law, you release us from any such liability and any claims, costs, losses, damages, personal injury or death incurred by you as a direct or indirect result of using the Services. This limitation of liability does not exclude, restrict or modify any statutory rights you may have under applicable laws which cannot be excluded, restricted or modified, including any rights or guarantees under the Australian Consumer Law. To the extent these Terms are deemed to exclude, restrict or modify such statutory rights or guarantees, those rights or guarantees prevail to the extent of the inconsistency. To the extent permitted by law and without limiting rights you may have under the Australian Consumer Law, our liability to you for any failure by us to comply with any statutory guarantee under the Australian Consumer Law is limited to us providing the Services again at our cost. We exclude any liability for loss or damage suffered by you for our failure to comply with a statutory guarantee under the Australian Consumer Law if such loss was not reasonably foreseeable and was not directly caused by us.
- You indemnify us and release us, our agents, employees, contractors, directors and officers from any claim made by a third party, arising from or relating to your use of the Services, any violation or alleged violation by you of the Terms, any applicable law or regulation. You release us from any and all claims, actions, losses, damages (actual and consequential) and costs whatsoever arising out of or in any way connected with any dispute between you and another user of the Services or another third party relating to your use of the Services.
- Cross-references (or hyperlinks) on the Services may connect to sites run by other companies. By using those hyperlinks you may be disclosing personal information and you should check the privacy policy of any other website you intend to access. We make no warranties that in so doing your personal information is protected or that the website you access will comply with Australian privacy laws. We do not accept any responsibility whatsoever for the content of such sites or their data security policies. Unless otherwise specified, the existence of a hyperlink does not imply endorsement or any relationship with the organisation linked. You may not link to our Services without our permission. Please contact us should you wish to construct a link to our Services.
- Our Privacy Policy applies to your use of the Services, accessible here: (Privacy Policy).
- If any of these terms are found to be void, invalid or unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of the provision will remain in full force and effect.
- These terms shall be governed and construed in accordance with the laws of the state of Victoria, Australia.