Home Terms of Use

Terms of Use

These Terms of Use apply to the Exhaust Notes Australia (ABN 80 972 556 110) website at www.exhaustnotes.com.au and exhaustnotes.com.au

By using this website, made available to you in accordance with the following Terms of Use, you agree and accept these Terms of Use.

It should be noted, we may make changes to these Terms of Use at any time. You should check these Terms of Use for such changes. If we change the Terms of Use, we will publish an updated version under the ‘Terms of Use’ link on this website. Your continued use of this website after we have updated these Terms of Use constitutes your ongoing acceptance of the Terms of Use, as set by Exhaust Notes Australia.

Content – Intellectual Property

All materials on this website (except for content posted by you or other users) is owned by us (our content), or third party licensors, which includes materials protected by copyright, trade mark and other intellectual property rights.

Third party websites, including websites we link to, may post statements, information, features, content, products or other materials on this website, from time to time. We are licensed by those linked websites to use their intellectual property on this website.

This website, or any portion of this website, including content posted by lined websites, may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited without our express permission, which consent may be withheld in its full discretion, or otherwise permitted under the Commonwealth Copyright Act 1968.

If you wish to obtain permission for a particular use of specific content on our website, please contact us at info@exhaustnotes.com.au or by mail at:

Exhaust Notes Australia
32A Myola Road
Umina Beach NSW 2257

Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trade mark or trade secret information. No trade marks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

You may use our content, and content provided by linked websites for your personal, non-commercial purposes. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, publish or create derivative works from, or use for any commercial purpose, any part of our content or that which is provided by linked websites.

Specifically, except as permitted by the Commonwealth Copyright Act 1968, you must not in any form or by any means:

  • copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;
  • perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this website;
  • alter, de-compile, disassemble, reverse engineer or modify any material or information that you receive from this website, which can be accessed through the website; or
  • use or apply for commercial purposes any material or information on this website,

without our specific prior written consent.

To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of any and all content contained on this website, and have no liability to you for your use or reliance on our content, or content provided by linked websites.

Any unauthorised use of the materials appearing on this website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

All rights not expressly granted in these Terms of Use are reserved.

Your Content

This website may provide you with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through this website. You retain ownership of any content you upload or publish. Other Users retain ownership of any content they upload and publish.

You acknowledge and agree that:

  • you create and provide us with your content at your own risk;
  • you are personally responsible and liable for your content;
  • you are not entitled to any payment from us in respect of your content, or its use;
  • we are not obliged to use, maintain or display your Content on the website;
  • your content does not contain any confidential information and may be seen by others; and
  • that we may use your content to publicise and promote us and this website.

Further you acknowledge and agree to comply with the condition that your content must not include anything which:

  • you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements); or
  • reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses; or
  • infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
  • is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.

By submitting your content through this website, you grant us (our successors, future partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, distribute, broadcast, sub-license and/or otherwise exploit part or all of your content in any medium (including but not limited to this website), by any means and for any purpose (including commercial purposes), and to authorise others to do so.

You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to your content which may infringe your moral rights in your content, including editing, altering and reproducing your content in any manner or context, in perpetuity throughout the world.

Monitoring, modification and removal of content

We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your content or any user content, including without limitation, any comments, opinions or statements submitted, uploaded or otherwise posted on this website.

We reserve the right, but have no obligation to, amend, supplement, delete or update our content (as defined above), your content, or user content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in your content), we may remove such material without notice to you.

Interactions with other Users

You acknowledge that it is possible that other users may not comply with these Terms of Use and could post content which breaches our Terms of Use. You should be careful when communicating with and interacting with other users of this website.

You agree to indemnify and hold us harmless in connection with any actions of any other user and any dispute or claim that you may make against any other user, irrespective of that action, dispute or claim relating to the use of this website.

No illegal use

You must not use this website in any manner or for any purpose which is illegal or prohibited by any laws.

Site disclaimer

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of this website, including rights arising from any statutory guarantee, nothing in these Terms of Use operates to exclude them.

Subject to the preceding sentence, you acknowledge that your use of this website, our content, your content, user content and material provided by linked websites, is entirely at your own risk and are provided without warranty, either express or implied.

We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of this website.

Although reasonable precautions have been taken, we do not guarantee that access to this website will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on this website.

Liability and indemnity

We do not represent that the information contained in this website is accurate, comprehensive, verified, complete or error free. We will attempt to keep the content on this website up to date, however, we do not warrant the accuracy or currency of the content.

To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you, and you indemnify and hold us harmless in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis), however arising (whether in negligence or otherwise) in connection with:

  • your use, misuse or reliance on this website, our content, user content, and any content accessed through this website;
  • your failure to comply with these Terms of Use;
  • your content, including its use, misuse or misappropriation;
  • your use, misuse or reliance on any linked websites; or
  • any acts or omissions by you.

Third party links

This website may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively known as linked websites). Access to linked websites is provided for convenience only and you are responsible for evaluating whether you want to use a linked website. Further, you acknowledge that:

  • when accessing and using any linked website, you will be subject to their terms and conditions of use;
  • we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a linked website;
  • we are not a party to your relationship with the owners or operators of a linked website;
  • any rights, claims or actions you may have in respect of a linked website may only be brought directly against the owners or operators of the linked website; and
  • we may receive payments and/or commissions from owners or operators of linked websites and you will not have any claims, benefits or rights on these payments.

Paid advertising

Some of the content on this website, including articles, sponsorships and promotions, constitutes paid advertising. This means that we may have received a payment or other benefit in return for publishing.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to linked websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Your correspondence or dealings with, or participation in promotions of, advertisers on this website are solely between yourself and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on this website.

Termination

We may terminate your access to this website (or any part of it) at any time without reason and without notice. These Terms of Use survive any such termination.

Privacy

You may be asked to input information about yourself on different areas of this website. If so, we will only use that information in accordance with our Privacy Policy, a copy of which can be found here.

Accounts and passwords

If you create an account to use any of the services or features available on this website, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.

Updated: 20 January 2018