Use of material appearing on the Practical Motoring Site
Your use of the Practical Motoring (PM) website is for your own personal and non-commercial use only. You acknowledge that, as between PM and you, except for user content and advertisements (as discussed below), PM is the sole owner of all content on the PM website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the PM website (“PM Content”). The PM website and content are protected by the copyright laws and other intellectual property laws of Australia and are protected globally by applicable international copyright treaties. You may download and print extracts from the PM website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any PM content for any other purpose without our prior written approval. Except as expressly authorised by PM, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the PM website. If you wish to use our content other than as permitted by these terms and conditions, please contact us at: admin(at)practicalmotoring.com.au. For all other inquiries about distribution or reproduction of the materials, please contact: admin(at)practicalmotoring.com.au
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement on the PM site. Nothing in the PM content is provided for any specific purpose other than forming a basis to compare and contrast different motor vehicles and services associated with them. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to PM content or any part of it. You can access other sites via links from the PM website. These sites are not under our control and we are not responsible in any way for any of their contents. We give no warranties of any kind concerning the PM website or PM content. In particular, we do not warrant that the PM site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Although we will do our best to provide constant, uninterrupted access to the PM site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Third party advertising on the Practical Motoring site
You will see advertising material submitted by third parties on the PM site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. If you want to advertise on the PM site, please email us at admin(at)practicalmotoring.com.au and they will pass your details on to our advertising sales team.
Users of our site may be permitted to submit content for publication in various areas of the PM site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at admin(at)practicalmotoring.com.au which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the PM site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the PM site. You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented. You acknowledge and agree that when you post content on the PM site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of PM, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the PM site. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the PM site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the PM site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the PM site that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the PM site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services. You understand that the technical processing and transmission of the PM site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. PM assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the PM site. If you are under 16, you confirm that you have permission of your parent or guardian to submit content. Any queries regarding copyright and your content should be directed in the first instance to admin(at)practicalmotoring.com.au.
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PM site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PM site after it has been posted.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Practical Motoring.
In addition to the terms above, you agree not to use the PM site to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the PM site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing: (i) identification of the copyrighted work or works claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iii) your contact information including name a address, telephone number, and, if available, an email address; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) your physical or electronic signature; Governing law & jurisdiction (for US users) If you have accessed the PM site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with PM or relating in any way to your use of the PM site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Practical Motoring or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the PM site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
Visitors to the PM site agree that their use of the PM site is at their own sole risk. The PM site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the PM site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. PM also makes no representations and warranties as to any linked sites and PM has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the PM site may represent the opinions and judgments of providers or users, such as user content. PM and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the PM site by anyone other than authorised PM employees acting in such capacity. This disclaimer of liability applies to any damages or injuries caused by the PM site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the PM site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. PM does not warrant or guarantee that access to the PM site will be uninterrupted or error-free. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL PM OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PM SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PM SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF PM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, PM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING PM’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
If at any time you have any concerns, questions or issues with any of our terms and conditions please contact us directly at admin(at)practicalmotoring.com.au and we will respond.