1. Website Terms

Your use of the fcai.com.au website ("FCAI Website") owned by the Federal Chamber of Automotive Industries Pty Ltd (“FCAI”, “we", "our" or "us") is subject to:

(i)         these Terms of Use;

(ii)         our Privacy Policy; and

(iii)        any other terms, conditions, notices or disclaimers displayed on the FCAI Website

(collectively "Website Terms"). These Website Terms comprise the entire agreement between you and us in relation to your access to and use of the FCAI Website.

2. Deemed acceptance of Website Terms

By visiting and using the FCAI Website, including any linked pages or information owned by FCAI, you will be deemed to accept the Website Terms and agree to be bound by them.

3. Changes to Website Terms

We may change the Website Terms from time to time by publishing an updated version on the FCAI Website. By continuing to use the FCAI Website you will be deemed to accept the updated Website Terms and agree to be bound by them.

We may change, suspend or discontinue any part of the FCAI Website at any time in our sole discretion and without any liability to you.

4. Registration may be required to access FCAI Website

We may require you to register with us in order to access some parts of the FCAI Website.

Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the FCAI Website using your registration details, even if the access is by another person.

5. Access to vehicle technical information

The FCAI Website may provide access to certain vehicle technical information, including specifications, procedures, features, illustrations and equipment, which is based on information provided by participating third party motor vehicle manufacturers, importers and distributors (“Third Parties”). The level and depth of information may vary from one participating Third Party to another and not all Third Parties will be participants in FCAI initiatives.

The FCAI Website may provide a link to the relevant Third Party’s website where that information may be available (“Third Party Website”). We do not sponsor, endorse or approve of the operators or content of any Third Party Websites, or material (including services, information, graphics or data) that is located on such Third Party Websites (“Third Party Material”).

Access to Third Party Material may be subject to the payment of any applicable fees to the relevant Third Party. It is your responsibility to ensure you read, agree with and comply with all terms and conditions that are applicable to your access and use of products and services provided on the Third Party Website.

6. Changes to vehicle technical information

We do not verify any vehicle technical information accessible by the FCAI Website and provided by the applicable Third Party. The vehicle technical information is subject to change without notice.

Where we are notified by the Third Party of any inaccuracies in, or change to, the vehicle technical information, we will use our reasonable endeavors to amend the relevant information, as soon as reasonably practicable, in accordance with the direction of the Third Party.

7. Use of vehicle technical information

The technical information hosted on the FCAI Website or Third Party Websites is designed for use by automotive repair professionals who have the skills, knowledge and tools necessary to carry out servicing and repair of motor vehicles.
You must not:
(i)         use the vehicle technical information for any purpose other than in relation to the servicing and repair by                      you of motor vehicles; 
(ii)          sell, resell, or offer for sale or resale, the vehicle technical information; or
(iii)         delete or change any copyright, trade mark, or other proprietary notices on the vehicle technical                                 information.
You should read the vehicle technical information, and all limitations and conditions on such information, completely and thoroughly before servicing or repairing a vehicle using or relying on the vehicle technical information.
Use of the vehicle technical information is at your risk. You understand that there are risks (both to persons and property) involved in using, repairing and servicing motor vehicles.  We take no responsibility, and accept no risk for your acts or omissions, whether in reliance on information obtained from the FCAI Website, Third Party Websites or otherwise.

8. No viruses, interference, unlawful, infringing or offensive activity

We do not represent or warrant that any files displayed or obtained from or through this FCAI Website, or another website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. If permitted under law, our liability for such an event is limited to the resupply of those files.

You must not post or transmit to or via the FCAI Website any information or material or otherwise use the FCAI Website for any activity that breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.

You must not transmit to or via the FCAI Website any virus or other information or material or otherwise use the FCAI Website in a way that:

(i)         tampers with, hinders the operation of or makes unauthorised modifications to the FCAI Website;

(ii)          inhibits any other user from using the FCAI Website;

(iii)         defames, harasses, threatens, menaces or offends any person; or

(iv)         contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

You must also not permit or enable another person to do any of those things.

9. Content that you submit to the FCAI Website

This section applies if you submit, post, transmit or otherwise make any material available via a FCAI Website ("your content").

Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.

You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.

We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.

10. No warranties or representations

No person should act or fail to act on the basis of these materials. The materials on this FCAI Website have been prepared for general information purposes only. The information on this FCAI Website, or on any other website accessed via this FCAI Website or otherwise, may not necessarily be accurate, complete or current.

To the maximum extent permitted by law, we do not represent or warrant that the content on the FCAI Website is accurate, reliable, suitable, or complete nor do we accept any responsibility arising in any way from errors or omissions. In particular, although we use reasonable care and skill in providing the FCAI Website, we cannot promise that the FCAI Website will be continuously available or virus or fault free.

In relation to Third Party Website and Third Party Material, to the maximum extent permitted by the law, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the information contained therein, or that there has been no infringement of the intellectual property rights of any person.

11. Our liability to you

To the maximum extent permitted by law, FCAI and its officers, employees, contractors and agents disclaim any liability (including liability for negligence) to any person arising out of: any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any materials from the FCAI Website, Third Party Website, or from any other website on the Internet; any errors or omissions on the FCAI Website, Third Party Website, or on any other website on the Internet (including but not limited to errors or omissions arising as a result of our negligence or our officers, employees, contractors and agents); or any delay or interruption in access to or use of the FCAI Website, Third Party Website, or any other website on the Internet (including but not limited to delay or interruption arising as a result of our negligence or our officers, employees, contractors and agents).

To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the FCAI Website in connection with any business purpose. If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.

We are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the FCAI Website.

To the maximum extent permitted by law, all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are excluded.

12. Your liability to us

You may be liable to us for breach of the Website Terms or negligence under the principles applied by the courts.

You are not liable to us for any loss to the extent that it is caused by us. We are not liable for any loss or damage to the extent that it is caused by you.

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the FCAI Website, Third Party Website or any other website on the Internet and in relation to any information or material available from those sites.

We reserve the right, in our absolute discretion, to delete, alter or move any message or other posted material on the FCAI Website. We are under no obligation to update any information on the FCAI Website, or to correct any inaccuracy on the FCAI Website that may become apparent at a later time.

13. Copyright

All Content on and accessible via the FCAI Website, including all text, design, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software and scripts, is owned or licensed by us, and is protected by Australian and international copyright laws. The compilation of all content on the FCAI Website is our exclusive property and protected by Australian and international copyright laws.

You are granted a revocable licence to download the materials contained in this FCAI Website for your personal use, including for the purpose for transacting with us.

You must not otherwise modify, copy, reproduce, print, store (for any period of time), adapt, republish, frame, upload, post, transmit, distribute, perform or display in public or otherwise reuse the contents of the FCAI Website in any way, except:

(i)       as expressly permitted under these Terms of Use or on the FCAI Website, or with our written authorisation;

(ii)      where necessary for and incidental to personally viewing the material on the FCAI Website via your web browser; or

(iii)       as permitted under the Copyright Act 1968 (Cth) or other applicable laws.

All other trademarks not owned by us that appear on the FCAI Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

14. Links and framing

We do not warrant the accuracy of any hypertext links provided on the FCAI Website, nor the suitability or accuracy of any content located at those links. Links and frames connecting the FCAI Website with other websites are for convenience only and do not mean that we are associated with, endorses or approves those other websites, their content, or the people who run or contribute to them. Use or reliance on the content of those websites is at the user's own risk.

15. Use of the FCAI Website

You are responsible for all of your activity in connection with accessing the FCAI Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the FCAI Website.

You agree that you will not, (either yourself or through any third party):

(i)         use any robot, spider, screen scraper, data aggregation tool or other automatic device or process        (“Automated Process”) to process, monitor, copy or extract any web pages on the FCAI Website, or          any of the content contained within or accessible through the FCAI Website, without our prior written    permission;

(ii)         use any Automated Process to aggregate or combine content contained within or accessible through the FCAI Website with information, content or data accessible via or sourced from any third party;

(iii)         use any content on or accessed through the FCAI Website for any commercial purpose or otherwise either directly or indirectly) for profit or gain, except in the repair or servicing by you of motor vehicles;

(iv)         use any device, software, process or routine to interfere or attempt to interfere with the proper working of the FCAI Website or any transaction or process being conducted on or through it;

(v)         take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or         bandwidth connecting to the FCAI Website; or

(vi)         reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other           arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the FCAI Website.

16. Privacy

We will comply with the applicable privacy laws and the Privacy Policy in the collection, handling and use of any personal information about you that we acquire in connection with your use of the FCAI Website. A copy of our privacy statement is available at [insert website].

17. We may suspend or terminate your access

We may suspend or terminate your access to all or any part of the FCAI Website at any time, if you breach these Website Terms in our reasonable opinion. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

18. Governing law

The FCAI Website is directed solely at Australian residents. Any disputes arising from, in relation to or in connection with the information contained on the FCAI Website are to be governed by the law of the Australian Capital Territory (“A.C.T”). By visiting and using the FCAI Website you unconditionally submit to the jurisdiction of the Courts of the A.C.T.

19. Inconsistent terms

If there is an inconsistency between these Terms of Use and any other terms displayed on individual pages of the FCAI Website, ("other terms"), the other terms will govern to the extent of the inconsistency.

20. No waiver for breaches

If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.

If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.

21. Severability

If any of these Terms of Use are invalid, unenforceable or illegal, the remaining terms of use will continue to apply.

22. Assignment

You must not assign or novate these Terms of Use or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms of Use, and to the extent necessary you hereby consent to such novation, assignment or transfer.

If you have any questions about the issues covered in the FCAI Website, please contact [email protected].

The information on this site is current at 27 May 2015