Terms and Conditions |
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Please Read Carefully |
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These terms and conditions, together with any additional terms, conditions, notices
and disclaimers contained elsewhere on this Website form the conditions of supply
of products and services through, use and access to this website (‘the Website’).
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Your continued use of the Website constitutes an acknowledgement and agreement by
You that You accept and agree to abide and be bound by these terms and conditions
and any modifications made to them from time to time.
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1. Copyright
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1.1 The contents of this Website are the property of What's Wrecking Pty Limited (‘What's Wrecking’,
‘We’ or ‘Our’). Any rights not expressly granted herein are reserved to What's Wrecking.
You may not use, publish, perform, transmit, license, sell, transfer, modify, copy
or reproduce any of the material contained in or products and services displayed
on this Website except that You may:
- download a copy of this Website to the local hard drive of the computer used to access this site; and
- print extracts of this Website for Your personal use only.
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1.3 Nothing displayed on this Website should be construed as granting any license
or right of use of any logo or trademark displayed on the Website without the express
written permission of the relevant owner.
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2. Privacy |
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Use of any personal information that You provide to What's Wrecking is governed
by our Privacy Statement.
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3. Your Conduct
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3.1 As a condition of Your use of this Website or any products or services provided
through this Website, You warrant to What's Wrecking that You will not use this Website
for any purpose that is unlawful, or prohibited by these terms and conditions. You
agree to abide by all applicable laws, regulations and codes of conduct and You
agree not to:
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use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
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publish, distribute, email, transmit or disseminateany material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
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use any automated scripting tools or software; • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
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impersonate any person or entity;
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upload, post, email, transmit or otherwise make available using the Website 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.
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3.2 130wreckers retains the right at all times to monitor, retain and disclose any
information as is necessary to satisfy any applicable law, regulation, legal process
or governmental request. You will indemnify What's Wrecking if What's Wrecking 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 the Website.
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4. Website Content
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4.1 What's Wrecking makes no representations about the suitability of the information
contained in the Website or that of any downloads that may or may not become available
on the Website. Your use of the Website is at Your sole risk. While we endeavour
to ensure the accuracy and completeness of the information contained in this Website,
we make no warranties and accept no responsibility for any loss or damage You may
suffer as a result of Your use of the Website or Your reliance on any part of it.
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4.2 What's Wrecking makes no representations or warranties:
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in relation to any of
the products or services on this Website (including any as to the quality, accuracy,
completeness or fitness for any particular purpose of such products and services);
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in relation to any material on any other website referred to or accessed by a
hyperlink through this Website (including any as to the quality, accuracy, completeness
or fitness for any particular purpose of such material);
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that this Website or
any of its material is virus free;
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that Your access to this Website will be uninterrupted,
timely or secure.
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4.3 What's Wrecking will not be liable for any loss or damage to You resulting from
any interruption, delay in operation or transmission, virus, communications failure,
Internet access difficulties or malfunction in equipment or software.
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4.4 What's Wrecking reserves the right to remove, withdraw, refuse access, alter or
revise the information on the Website (Without Notice) at all times.
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5. Third Party Sites
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When You select links available on the Website, You will actually leave the Website.
These linked sites are not under the control of What's Wrecking and What's Wrecking is
not responsible for the contents of any linked site, or any transmission received
from these linked sites. What's Wrecking is providing these links for Your convenience
and interest only and any included site does not imply endorsement by What's Wrecking.
In particular, What's Wrecking makes no warranties or representations that material
on other websites to which material is linked does not infringe the intellectual
property rights of any person anywhere in the world. What's Wrecking is therefore not
and must not be taken to be authorizing infringement of any intellectual property
rights contained in material on other sites by linking to such material on other
sites.
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6. Advertising |
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Individual advertisers are solely responsible for the content of any advertising
material which is submitted to What's Wrecking and published on the Website, including
ensuring that it complies with relevant legislation. What's Wrecking accepts no responsibility
for the content of any advertising material published on this Website and the display
of such advertising does not in any way imply a recommendation or endorsement by
What's Wrecking of the relevant advertiser, its products or services.
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7. Use of Forums |
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7.1 If You wish to contribute content to any Forums available on this site, You
agree to do so on the additional terms and conditions set out in this clause 7.
Further information about any Forums may be found on the appropriate part of the
Website.
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7.2 You acknowledge that Forums operate in real time and that What's Wrecking is not
responsible for monitoring the contents of any contribution (including but not limited
to its accuracy) made to a Forum and accepts no liability in respect of any user
contributed material including text, images and photos (‘the Content’).
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7.3 All Content is licensed to What's Wrecking by contributors to any Forum free of
charge for use in What's Wrecking’ discretion throughout the world in perpetuity. However,
any opinions expressed in the Content are those of the users and the display of
the Content on a Forum does not in any way imply a recommendation or endorsement
of that Content by What's Wrecking.
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7.4 What's Wrecking reserves the right to do any of the following:
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select Content to be displayed on the Website;
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remove Content at any time;
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amend, alter, edit or delete any Content You submit without any right of attribution to You;
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use any photos submitted as Content in any way that What's Wrecking sees fit;
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terminate Forum accounts and refuse access to any user who breaches these Terms and Conditions or who What's Wrecking reasonably believes intends to breach these Terms and Conditions.
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7.5 In submitting Content, You must not:
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include information that helps buy or solicit, advertises, promotes, sells, or offers goods, services, events or other commodities including phone numbers, mail or email addresses or URLS;
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include personal information or the personal details of others (such as phone numbers, mail or email addresses);
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post or disseminate in any manner any inappropriate, profane, defamatory, obscene, indecent or other unlawful material or information;
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provide references or links to illegal activities;
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provide any false or misleading or deceptive information, misinformation or rumour;
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engage in spamming;
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restrict or inhibit any other user from using and enjoying a Forum;
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violate any laws or regulations;
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breach any other term of these terms and conditions.
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8. Limitation of Liability
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8.1 In no event is What's Wrecking liable for any direct, incidental, consequential,
special, punitive or exemplary damages or loss of profits of whatever nature (even
if What's Wrecking has been advised specifically of the possibility of such damages
arising from using the Website or engaging the services of What's Wrecking ), howsoever
arising including but not limited to:
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the use of or access to, or any inability to use or access the Website or any material on the Website;
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unauthorised access to, or alterations of Your transmissions or data; or
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statements or conduct of any third party on the Website;
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Your reliance on any statement or representation made on the Website.
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8.2 What's Wrecking does not exclude any rights and remedies available to You in terms
of the Trade Practices Act (Cth) or any similar State or Territory legislation in
relation to the provision by What's Wrecking of any goods or services via the Website
which cannot be excluded, restricted or modified, otherwise we exclude all conditions
and warranties which may be implied by law.
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8.3 In the event that these terms and conditions constitute a supply of goods or
services to a consumer as defined in the Trade Practices Act, 1974 or any equivalent
state or territory legislation as amended (‘the Act’), nothing contained in these
terms and conditions restricts or modifies in relation to these terms and conditions
and/or the goods or services to be supplied hereunder any condition, warranty, right
or remedy which pursuant to the Act applies to these terms and conditions or is
conferred on You, provided that to the extent that the Act permits What's Wrecking
to limit its liability for breach of condition or warranty implied by the Act, then
What's Wrecking’ liability for such breach including any consequential loss which You
may sustain or incur shall be limited to:
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in the case of goods, any one or more of the following acts as determined by What's Wrecking:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
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in the case of services any cost of the following as determined by What's Wrecking:
(i) - the supplying of the services again; or
(ii) - the payment of the cost of having the services supplied again.
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9. General |
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9.1 These terms and conditions may be varied from time to time. Please ensure that
You review these terms and conditions regularly as You will be deemed to have accepted
a variation if You continue to use the site after it has been posted.
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9.2 These terms and conditions will be governed by and construed in accordance with
the laws of the state of New South Wales, Australia and the parties agree to submit
to the jurisdiction of those courts of that State.
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9.3 Please contact our webmaster should You have any technical issues regarding
this Website.
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9.4 These terms and conditions were last updated on 01 November 2008
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