Wednesday 09 July, 2008

Copyright

www.rally.com.au Conditions of Use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on www.rally.com.au form the conditions of supply of material on, use of and access to www.rally.com.au. Your continued use of www.rally.com.au constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of www.rally.com.au.

Accuracy of information and disclaimer of warranties
All material on www.rally.com.au is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of www.rally.com.au is at your sole risk. Access to www.rally.com.au is provided on an 'as available' basis. Neither www.rally.com.au, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on www.rally.com.au will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to www.rally.com.au will be uninterrupted, timely or secure. f2 will not be liable for loss resulting from any action or decision by you in reliance on the information on www.rally.com.au, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

General information only - non advisory
The material on www.rally.com.au provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright
The material provided on www.rally.com.au is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of www.rally.com.au or the appropriate supplier or licensor of www.rally.com.au.

You may not use any part of the material on www.rally.com.au to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Your conduct
As a condition of your use of www.rally.com.au or any services on www.rally.com.au, you warrant to www.rally.com.au that you will not use the www.rally.com.au for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on www.rally.com.au. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

  • use www.rally.com.au to defame, abuse, harass, stalk, threaten or otherwise offend others;
  • publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via www.rally.com.au;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using www.rally.com.au any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • breach any applicable laws or regulations.

www.rally.com.au has no obligation to monitor any user's use of www.rally.com.au, however www.rally.com.au retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You will indemnify www.rally.com.au if www.rally.com.au or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on www.rally.com.au.

Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on www.rally.com.au from time to time. These websites do not form part of the www.rally.com.au and are not under the control of www.rally.com.au or its related bodies corporate and neither www.rally.com.au nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave www.rally.com.au and do so entirely at your own risk.

www.rally.com.au displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by www.rally.com.au or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

If you contact a third party using functionality provided on www.rally.com.au, including via e-mail, www.rally.com.au accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Limitation of liability
www.rally.com.au and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise www.rally.com.au and its related bodies corporate exclude all conditions and warranties which may be implied by law.

To the extent permitted by law, www.rally.com.au's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at www.rally.com.au's option, to:

in the case of services supplied or offered by www.rally.com.au:

  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied; and

in the case of goods supplied or offered by www.rally.com.au:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of having the goods replaced; or
  • the payment of the cost of having the goods repaired.

You expressly agree and understand that in no circumstances will www.rally.com.au or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by www.rally.com.au or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access the www.rally.com.au or any material on www.rally.com.au; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on www.rally.com.au.

Applicable law
These conditions and all other specific and additional terms which govern your use or membership of and access to www.rally.com.au will be governed by and construed in accordance with the laws of the state of New South Wales , Australia .