TERMS OF USE

1.         AGREEMENT

Welcome to the All Auto Recalls website (Website), an online platform that allows you to search automotive recalls in Australia and New Zealand. This Website is operated by Mangoup Pty Ltd ACN 129 017 965 of Level 1, 457 Chapel Street South Yarra VIC 3141 ("we" and "us").

 

These Terms of Use apply to the use of the Website, the content of the Website, and any material accessed through the Website.  In these Terms of Use, the terms "you" and "your" refer to any person using or accessing the Website.

By accessing or using this Website, you are deemed to accept these Terms of Use which, together with our privacy policy (which is available https://www.allautorecalls.com.au/about), govern our relationship with you in relation to this Website.

We may change the content of this Website and these Terms of Use at our discretion and without notice.  By continuing to access or use the Website, you accept the Terms of Use as they apply from time to time.

Your use of this Website and any dispute arising out of such use of this Website is subject to the laws and courts of the State of New South Wales, Australia.

2.         REGISTRATION

In order to use the Website you must register an account with us. You will require a username and password in order to register, which will be provided to you once your registration is complete. You are responsible for keeping your username and password confidential.

3.         PAYMENT

When you register an account with us you agree to pay the recurring monthly account fee specified in the on-line registration form in advance for the minimum term specified in the on-line registration form.   

Individual users will be entitled to conduct up to five searches on the Website free of charge. Further searches will incur a fee.

Commercial users will not be entitled to free searches.

Account fees are payable by direct debit through the PayPal online portal.  You will be directed to the PayPal online portal and our relevant PayPal account details at the time of registration. 

It is your responsibility to provide valid payment details, to ensure that your payment details are up to date and to ensure that there are sufficient funds available in your PayPal account to allow a direct debit to be made.

4.         WEBSITE USE

You may only use the Website and information accessed through the Website (Accessed Information) for the purposes set out in these Terms of Use.

You must notify us immediately at info@allautorecalls.com.au if you become aware of any unauthorised use of your username or password or any other breach of security in connection with the Website.

It is your responsibility to ensure that any Accessed Information you use is accurate, complete and suitable for your intended use.

You must not use the Website or any Accessed Information to:

(a) conduct or engage in any illegal business or activity;

(b) infringe our or any third party's intellectual property rights; or

(c) collect, copy, or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy.

You must not interfere with or disrupt, or attempt to interfere with or disrupt, the Website or any servers or networks connected to the Website.

5.        INTELLECTUAL PROPERTY

We retain all intellectual property rights in the Website, and anything that may be developed by us under or in connection with your use of the Website. 

Unless specifically authorised by us in writing, you must not use in any manner any intellectual property owned by us and any such use must always include a statement attributing the intellectual property to us.

6.         LINKS

Linked Sites

The Website may contain links to other websites (Linked Sites).

The Linked Sites are provided for your convenience only and it is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in the Linked Sites.

We do not endorse, verify, represent or take any responsibility for the content of the Linked Sites.

You acknowledge that the Linked Sites may have different terms of use and privacy policies and your use of the Linked Sites is governed by such third party website terms of use and privacy policies.

Link to the Website

You may include a link to the Website, but permission is restricted to making a link without any alteration of the Website's contents.  Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from the Website on any other website unless express prior written permission has been provided by us.

In no event are you permitted to use the Website to sell a product or service, or to increase traffic to your business for commercial reasons.  We reserve the right to prevent linking to this Website at any time.

7.         SERVICES ANALYSES

You acknowledge and agree that we may compile statistical and other information related to the performance, operation and use of the Website and use any of your data from the Website in an aggregated form for security and operations management, to create statistical analyses, and for research and development purposes.

8.         PRIVACY

Information on how we handle any personal information disclosed by you to us (including any personal information disclosed by you to us for which you have given us authority to disclose to a third party, such as a vehicle manufacturer), is explained in our privacy policy (a current copy of which is available https://www.allautorecalls.com.au/about).

9.         WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, no representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability or suitability for your intended purposes of the Website or any Accessed Information.

To the maximum extent permitted by law, any guarantee, condition or warranty which would otherwise be implied into these Terms of Use or apply in relation to your use of the Website, or any services we provide, or any liability in connection with such a guarantee, condition or warranty, is hereby excluded.  If such liabilities cannot be excluded, to the maximum extent permitted by law, we limit our liability to the resupply of any relevant goods or services.

10.       LIMITATION OF LIABILITY

While we take reasonable steps to ensure that the information on the Website is accurate, you acknowledge that your use of any Accessed Information or materials on this Website is entirely at your own risk and that the Accessed Information may contain inaccuracies or errors. 

Where you have given consent for us to send your contact details to a manufacturer regarding a recall, we will take all reasonable steps to send such information.  However, we accept no legal liability for any failure by us to transmit information to any manufacturer, or its failure to transmit accurate or complete information, nor do we accept liability for any manufacturer’s failure to receive such information.

We have no control over your information once it is forwarded to the manufacturer and we accept no liability for the treatment of such information by any manufacturer.

It is the responsibility of the owner/driver of the affected vehicle to contact the manufacturer and ensure the appropriate action is taken relating to the recall.

Except for any liability which by law may not be excluded, we do not accept any liability for any injury, loss or damage incurred by you or any other person as a result of your use of or reliance on the Accessed Information or this Website. To the extent that such liability may not be excluded, you agree that our liability to you for any loss suffered by you arising from your use of the Website or use or reliance on the Accessed Information will be limited to an amount equal to one month's fees.

11.       SECURITY, VIRUSES, ERRORS AND AVAILABILITY

The internet is an insecure public network, which means there are risks that information sent to or from this Website may be intercepted, corrupted or modified by third parties.  In addition, files obtained from or through this Website may contain computer viruses, disabling codes, worms or other devices or defects.  You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and we accept no liability for any interference with, or damage to, your computer system, software or data occurring in connection with this Website.

12.       TERMINATION

You acknowledge and agree that, without limiting any other right or remedy either party may have against the other arising out of or in connection with these Terms of Use, we may terminate or suspend your account with us at any time and for any reason. If we terminate your account for reasons other than your breach of these Terms of Use we will refund to you any unused portion of the monthly fees which were paid by you in advance.

All questions, concerns, complaints or notices regarding this site should be directed to the AAR Privacy Officer: info@allautorecalls.com.au

© 2019 AllAutoRecalls