Legal
Terms of Autophoto’s On-line Contract Terms (‘Standard Contact’)
1. Parties
1.1 ‘You’ means the person downloading photographic images of motor vehicles (‘Images’) from this website (‘Site’).
1.2 ‘Autophoto’ means Autophoto Pty Limited and, where applicable, its directors, employees, content providers, agents, contactors, partners, joint venturers, licensors and other related entities.
2. Application of These terms
2.1 These terms and conditions (‘Terms’) apply to the downloading by you of an Image from this Site (‘Download’) for the purposes of the one-off reproduction of the Image in an Internet or newspaper advertisement relating to the sale of a motor vehicle by you (‘the Purpose’).
2.2 A Download constitutes your acceptance of these Terms and the creation of a legally binding contract. If you do not agree with these Terms, do not Download.
3. Ownership of and Download from this Site and its Contents
3.1 This Site is owned and operated by Autophoto. All of the content featured or displayed on this Site, including, but not limited to, the Images, other photographic images, moving images, general design, text, graphics, sound, illustrations and software (‘Content’), is owned by Autophoto.
3.2 You acknowledge that this Site and its Content are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights (‘the IP Rights’) and that all of the IP Rights in the Content shall at all times remain the exclusive property of Autophoto.
4. Downloading the Images
4.1 Upon payment of the required fee and your compliance with all and any other conditions of use of this Site, you are authorised to Download for the Purpose.
4.2 You will not use an Image, and will not allow any other party to use an Image, for any other purpose of any nature whatsoever other than the Purpose without the written approval of Autophoto. Should you wish to use an Image in any other way, you should contact Autophoto at http://autophoto@autophoto.com
4.3 Without limiting clause 4.2, except as explicitly permitted under these Terms or in writing by Autophoto, you must not knowingly or negligently cause or allow the:
4.3.1 storing (including, without limitation, in another image library), copying, retransmitting via any means or use in a catalogue or similar publication except for the Purpose; or
4.3.2 offering for resale, modification, reverse engineering, decompilation, disassembly or conversion,
of any portion or element of this Site or its Content, including, but not limited to, the Images, by any means or in any form.
4.4 If requested to do so by Autophoto, you will provide to it free of charge immediately upon request:
4.4.1 in the case of printed publications, two copies of the relevant pages containing an Image Downloaded by you; and
4.4.2 in the case of other media, such other evidence of your use of an Image Downloaded by you as Autophoto may require..
4.5 Any use of this Site or the Content other than permitted by these Terms is grounds for the immediate revocation of any usernames, pass codes or other permissions that may have been granted by Autophoto for the use of this Site by you.
4.6 You are responsible for maintaining the security of your user name and password.
5. Indemnity
You indemnify Autophoto against any losses, expenses, costs (including all legal costs on a solicitor and own client or full indemnity basis whichever is the greater) or damages however incurred by it, whether arising indirectly or directly, as a result of your use of this Site including, but not limited to, the use of an Image.
6. Disclaimers and Limitations of Liability
6.1 Autophoto excludes, to the fullest extent permitted by law, any warranty (express, statutory or implied) including, without limitation, any warranties of title or non-infringement, merchantability, fitness for a particular purpose or satisfactory quality.
6.2 Subject to clause 6.3, Autophoto will not be liable for any damages of any kind arising from the Download or the unavailability or use of this Site, including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence or other legal theory, and whether such damages are direct, indirect, incidental, punitive or consequential.
6.3 To the extent that Autophoto is restricted by law in its capacity to exclude or limit its liability:
6.3.1 its liability will be limited to the fullest extent permitted by law; and
6.3.2 the means and extent of rectification of such liability will be at the choosing of Autophoto to the fullest extent permitted by law.
6.4 Without limiting clause 6.1, Autophoto specifically gives no warranty or undertaking and makes no representation that:
6.4.1 the Content, including without limitation the Images, is reliable, accurate or complete; and
6.4.2 the use of this Site will be uninterrupted or without error.
6.5 You acknowledge and agree that:
6.5.1 in the event that the use of an Image for the Purpose could give rise to an allegation of misleading and deceptive conduct under the Trade Practices Act 1976, or any similar allegation, you will accompany the use of the Image with adequate wording so as to ensure that this use does not in fact give rise to such an allegation. Autophoto will not be responsible in any way whatsoever for any such allegation;
6.5.2 Autophoto is not liable for any defamatory, offensive, illegal or other material or content whatsoever on or emanating from the Site. If you are dissatisfied with any material or content on this Site, your sole and exclusive remedy is to discontinue using this Site.
7. Links
7.1 The inclusion of a link from this Site to another website is not an endorsement or recommendation of that website. Autophoto is not responsible for any material on third party websites.
7.2 If you create a link from your website to this Site:
7.2.1 you do so at your own risk;
7.2.2 you may only create a link to the home page of this Site;
7.2.3 you must not use Autophoto’s graphics on your site;
7.2.4 any linked site must not contain any information that is:
(a) unlawful;
(b) an infringement of any third party's rights;
(c) disparaging of Autophoto’s goods or services; or
(d) offensive, obscene or pornographic.
7.2.5 you will, at your cost, allow Autophoto access to all of your website at any time;
7.2.6 you must not indicate that you have the endorsement or approval of, or that you are in any way connected to or associated with, Autophoto unless you have written consent in this regard from Autophoto.
7.3 Autophoto reserves the right to terminate your link to this Site at any time and by any means. Upon such termination, you must immediately stop linking to this Site.
8. No Waiver, Severability
8.1 No action of Autophoto, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms.
8.2 If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause of these Terms, which clauses will remain in full force and effect.
9. Change of Terms
We reserve the right to change these Terms, the Content, any prices relating to the Download and any other information without prior notice.
10. Entire Agreement
These Terms set out the entire agreement between Autophoto and you relating to your use of this Site, including, without limitation, the Download.
11. Viruses; Security
11.1 Autophoto does not guarantee or warrant that this Site or its Content will be free of infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Autophoto provide any assurance that unauthorized persons will not be able to access your computers, data or systems by means of this Site or its Content or through use of e-mail addresses, user names or other information they may find on this Site.
11.2 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches
12. Confidentiality Warning
Even with the use of encryption, the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet usage is or may become vulnerable to interception and forgery. Autophoto will not be responsible for any damages you or any third party may suffer as a result of the Download or any transmission that you make to Autophoto through the Internet, or that you expressly or implicitly authorise Autophoto to make, or for any errors, data corruption or any changes made to any transmitted information.
This Agreement is governed by the laws of South Australia and the Commonwealth of Australia.
14.1 You submit to the jurisdiction of the Courts of South Australia and the Commonwealth of Australia. Any proceeding brought in the Federal Court of Australia must be instituted in its South Australia District Registry.
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