Terms of Use

These terms govern your use of CarTorque which is owned and operated by CarTorque Communities Pty Ltd. Please make sure you read these terms carefully. By accessing or otherwise using CarTorque, you acknowledge that you have read and understood these terms and conditions ( Terms of Use) and agree to be bound by them.

CarTorque has been designed to support local community organisations, not for profit organisations and small local businesses. If your community does not fit within these categories, it may be removed by us at our sole discretion.

Your use of CarTorque

As a condition of your use of CarTorque, you agree you will not: • Upload or otherwise provide any content, links or information that is defamatory, misleading, fraudulent, unlawful, threatening, intimidating, bullying, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading or inappropriate; • Defame, bully, abuse, harass, stalk, threaten or otherwise offend any person; • Impersonate any person or entity or provide any false personal information; • Use automated scripting tools or software; • Upload, post, email, transmit or otherwise make available using CarTorque any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other software or hardware or to utilise other systems for improper purposes or without authorisation; • Share or disclose information of others without their express consent; • Infringe the intellectual property rights of any person; • Share your password, let anyone else access your account or do anything that may compromise the security of your account; • Upload, link or otherwise provide material which contains sexually explicit language or images, or advertises or promotes the sale of products or services such as firearms, tobacco, alcohol, adult products and services and any other products or services CarTorque Communities Pty Ltd considers to be inappropriate; • Upload, link or otherwise provide material which contains spam, chain letters, pyramid and other such selling and marketing schemes, or information which in any way impinges on another user's use or enjoyment of CarTorque or otherwise breaches or encourages other users to breach these Terms of Use; • Violate any law, statute or regulation; • Forge information to disguise the origin of any content; or • Encourage or incites any other person to engage in any of the above behaviour. Content, including any links, posted to CarTorque can be edited or removed at any time by us without notice. If you have a complaint about any of the content that may be published on CarTorque, you should contact us.

Copyright

Unless otherwise indicated, all material on CarTorque, including, but not limited to, text, graphics, audio and video files, information architecture and coding is CarTorque Communities Pty Ltd's property or is used under licence. All rights are reserved. You are provided with access to CarTorque and may download, store in cache, display, print or make a single copy of the information or material stored on CarTorque in its unaltered form and for your personal and non-commercial use only. Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) you may not, in any form or by any means: • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of CarTorque; or • commercialise any information, products or services obtained from any part of CarTorque, without our written permission. Any software associated with CarTorque may automatically download and install upgrades, updates or other new features. You must not reverse engineer or attempt to extract the source code of that software unless you have our prior written permission. If you wish to make any other use of the material on CarTorque, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.

Trade Marks

All trade names, trade marks, services marks and other product and service names and logos displayed on CarTorque are proprietary to their respective owners and are protected by applicable trade mark, common law and copyright laws. Nothing contained on CarTorque should be construed as granting any licence or right of use of any mark which is displayed on CarTorque without the express written permission of the relevant owner.

You may post material to CarTorque

If you upload or otherwise provide any information or content (Content) in the course of accessing or using CarTorque, you agree that such Content will be available to CarTorque Communities Pty Ltd to use in any manner it thinks fit, subject to application provisions of any legislation including, without limitation, privacy legislation. You own any Content you upload or otherwise provide in the course of accessing or using CarTorque. We are not responsible in any way for any liability, loss, damage or expense you incur or suffer that arises from Content being obscene, threatening, defamatory or inappropriate, or infringing the rights of a third party, including intellectual property rights.

You grant us a licence

By posting Content to CarTorque, you grant us a licence to use any of it in accordance with our privacy policy. The licence is non-exclusive, world wide, perpetual, irrevocable and royalty-free. We are entitled to sub-license use of any of the Content. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in CarTorque Communities Pty Ltd's favour.

Our privacy policy

You agree to comply with CarTorque Communities Pty Ltd's privacy policy, guidelines and statements as may be applicable from time to time. CarTorque Communities Pty Ltd's Privacy Policy can be accessed here.

Things we don't promise

We do not promise you any of the following: • that you will have uninterrupted or error-free access to, and use of, CarTorque; • that CarTorque or any files available for downloading will be error-free or free from viruses, faults or defects; or • that the content of CarTorque (including the text, registration facilities, hyperlinks, and the underlying HTML or XML) is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type. CarTorque may contain links to other websites or apps that are owned by third parties. These links are provided solely for your convenience and do not indicate our endorsement of those websites or apps. When accessing third party sites, you do so in accordance with the applicable terms of use of those third party websites and apps and at your own risk. We are not affiliated with any person whose goods or services are linked to or from CarTorque or any linked site. We do not sponsor, endorse or approve of any of those goods or services.

Exclusion of liability

To the maximum extent permitted by law, CarTorque Communities Pty Ltd is not responsible for any loss you (or anyone else) suffer as a result of using CarTorque or any of its information and content, including the transmission of computer viruses. Subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), CarTorque is provided on an 'as is' basis without warranties of any kind, either express or implied and we make no warranties or representations as to the information, software or materials available on CarTorque or the CarTorque app itself. To the maximum extent permitted by law, CarTorque Communities Pty Ltd and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as direct, indirect, incidental, special, punitive, consequential or similar damages arising from your use of CarTorque or its content or services.

Variation of Terms of Use

We reserve the right to vary these Terms of Use from time to time. The latest conditions will always be made freely available to users on the CarTorque app and at www.CarTorque.com.au. Your continued use of CarTorque will be deemed acceptance of the revised Terms of Use and content. You must keep yourself updated on the changes to the Terms of Use and the app content.

Severability

If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will continue in full force.

Governing law

This document is governed by the law of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

Termination

If you do not comply with these Terms of Use we may stop allowing you to access CarTorque, remove a community you are associated with and/or ban you from accessing CarTorque in the future. We will notify you by email or the next time you login to access your account. You may also delete your account at any time.
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