Any person who is permitted by the Operator below, through the functionality of the Websites or who engages the Services of the Operator, as defined below, (the “User”)
The Operator is the owner and operator of the McCormacks Auto Websites and all of its associated intellectual property including the Websites located at mccormacks4wd.com.au, mccormacksauto.com.au, arkamping.com.au (the “Websites”) is used as a portal from which the User accesses the Operator’s services which includes the provision of auto maintenance services, body work and camping equipment (the “Services”). The Websites forms part of the Services and is subject to these Terms of Use.
The object of the Services is to provide auto maintenance services, vehicle body work and repair and the sale of camping equipment to the User (the “Permitted Use”). Further, the parties agree that:
By reasons of the matters set out above, the User and the Operator have entered into a legally binding agreement on the terms of these Terms of Use.
The Operators hereby consent to the User having access to all of the functions of the Websites for the Permitted Use and otherwise subject to these Terms of Use. This consent may be revoked by the Operator at any time and automatically terminates upon the user ceasing to be a User.
The Operators do not consent to other users that are not the User using the Websites in anyway whatsoever (“Impermissible Use”). The Terms of Use are a legally binding agreement between the User and the Operator. In the event another user that is not the User uses the Websites and the User is connected or responsible in any way whatsoever, with the Impermissible Use, then the User fully indemnifies the Operator for any loss or damage associated with the Impermissible Use.
The Operators may revoke their consent to the User having access to the Websites at any time and for any reason whatsoever.
The User will incur charges, payable to the Operator, characterised as a debt or liquidated demand, for access to the Websites as defined on the Websites.
The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not warrant or represent that the Websites will comply with the Permitted Use. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, will not be liable if the Websites is unavailable for any reason. The Operators, at their absolute discretion, may suspend or disconnect the User’s access to all or part of the Websites during technical failure, for maintenance, or for any reason whatsoever.
The User indemnifies and releases the Operator from any liability, or legal claim, of any kind whatsoever, including, but not limited to, third party loss or damage, or any loss or damage of any kind, sustained by the User in utilising the Websites under the Permitted Use or the Impermissible Use or any other use.
This agreement may be pleaded by the Operator as a full and complete defence to any claim commenced, continued or taken by the User or an agent of the User, at any time.
The Websites may include links to other internet sites. These links are provided for information purposes only. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not endorse any such sites or their content, and do not assume any responsibility to the User, or any other person whatsoever, for the accuracy or completeness of any information, material, products or services contained on or accessible through any such site. The Operator, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, and the suppliers of content published on this or any linked site, will have no liability, whether in contract, tort or otherwise (apart from any mandatory statutory exception or exclusion), to the User or any person whatsoever for any error or omission (whether negligent or otherwise) or any loss that may be incurred by the User’s access and, or alternatively, use of any such Websites.
Intellectual property rights (including copyright) for the Websites reside with the Operator. Apart from any fair dealings for the purposes permitted under the Copyright Act 1968 (Cth), no part of the Websites may be copied, reproduced, published, communicated, adapted, collated (whether in print, online or any other digital format, including on a CD) or re-used for any commercial or other purposes without the prior written consent of the Operator. The User must not, and must not cause any other person to, use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any materials from the Websites, or combine any materials with the information of a third party, without the prior written consent of the Operator.
The User acknowledges that it will supply third party data to the Websites. The User irrevocably consents to the Operators recording, using and deleting, in the ordinary course of the management and operation of the Websites, all or any data created by the User’s use of the Websites or provided by the Users to the Operator through the Websites.
This agreement can be terminated by either party giving notice to the other at any time, subject to clause 3.6 of the Terms of Use. The Operators may give notice of termination by publishing it in the Terms of Use section of the Websites. Upon the Websites ceasing to be used by the Operators, this agreement shall be deemed to be terminated by the Operators. For the abundance of clarity, the User shall have no legal recourse to make any type of claim, legal or otherwise, against the Operator should the Terms of Use be terminated.
This agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland.