Please read the Terms and Conditions of this End User Licence Agreement ("Terms") carefully before accessing Auto Digital Connect or downloading and using the Auto Digital Connect application (jointly and severally "Auto Digital Connect" operated by Auto Digital Solutions Pty Ltd ACN 152 957 705 through its directors, officers, employees, partners, agents, suppliers and affiliates,("Company", "Us", "We" or "Our"). This Agreement sets forth the legally binding terms and conditions for use Terms by you as licensee ("You") of the Application.
By accessing or using this Application in any manner, including, but not limited to, using or browsing the Application or contributing content or other materials to the Application, You agree to be bound by these Terms. Capitalised terms are as defined in this Agreement.
Auto Digital Connect and its original code, content, features and functionality is intellectual property owned by the Company and is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying Auto Digital Connect and you will not reproduce, modify, adapt, prepare derived works based on, perform, display, publish, distribute, reverse engineer, transmit, broadcast, sell, license or otherwise exploit Auto Digital Connect.
You understand that all information, data, text, photographs, graphics, video, messages or other materials published to Auto Digital Connect ("Content") is the sole responsibility of You or the person from whom such Content originated. You understand that by using Auto Digital Connect you may be exposed to Content that is offensive, indecent or objectionable, and that your continued use is at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Auto Digital Connect and for any consequences thereof. You agree to use Auto Digital Connect only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not interfere or disrupt the Service or servers or networks connected to or hosting Auto Digital Connect, including transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You agree that you will not intentionally submit unwanted emails, comments or other forms of defamatory or harassing communications which will be left on the server. You agree to immediately remove any messages you created which are false or include profanity or defamatory Content. You are aware intentional abuse of Auto Digital Connect will not be accepted and You agree that that in addition to all other remedies which may be available at law or in equity the Company shall be entitled to seek injunctive or other equitable relief as a remedy for any such breach of these Terms. If you notice and would like to report any activity or Content that may violate the Terms, please contact us via support@autodigitalconnect.com.au
If You are a user of Auto Digital Connect located outside of Australia, You agree to comply with the laws in your jurisdiction that regulate online conduct and acceptable Content, including laws regulating the export of data to and from Australia or your country of domicile.
We may terminate or limit your access to Auto Digital Connect and its functional use from the time you register for use without cause or notice which, at the Company's sole and unfettered discretion, may result in the forfeiture, destruction or deletion of Content. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Our Application may contain links to third-party web sites that are not owned or controlled by us. You acknowledge that functionality of Auto Digital Connect may permit interactions between Auto Digital Connect and a third-party website or features.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Your interactions with third-parties found through Auto Digital Connect are a matter between you and the third-party. We strongly advise you to read the terms and conditions and privacy policy of any third-party web site that you visit.
On payment of the requisite dealer fee to the Company or free download, install and use of Auto Digital Connect, the Company grants you (the dealer or the end user) a non-exclusive, non-transferable, limited license to use Auto Digital Connect in accordance with these Terms.
By submitting, posting or displaying Content on Auto Digital Connect, intended to be available to the members of the public, you grant Auto Digital Connect a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, transferable, sub-licensable, worldwide license to reproduce, adapt, modify, publish, distribute, reverse engineer, transmit, broadcast, sell, license or otherwise exploit the Content as the Company sees fit. We reserve the right to syndicate Content submitted, posted or displayed by you on or through Auto Digital Connect and use that Content in connection with any product offered by Auto Digital Connect. Furthermore, we reserve the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that; (i) you own all intellectual property rights in the Content; (ii) have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted, and (iii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights or any Court restraining publication.
In no event and under no circumstances, shall the Company, be liable for damages, direct or consequential, howsoever arising (including through negligence) resulting from your use of Auto Digital Connect.
You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to legal fees, arising from any alleged violation by You of a third-party rights.
Your use of Auto Digital Connect is at your sole risk. Auto Digital Connect is provided on an "as is" and "as available" basis. Save as to any applicable statutory warranties, to the maximum extent possible Auto Digital Connect is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or relating to performance.
The Company does not warrant that i) Auto Digital Connect will function uninterrupted, securely or will be available at any particular time or location; ii) any errors or defects will be corrected in a timely way or at all; iii) Auto Digital Connect is free of viruses or other harmful components; or iv) the results of using Auto Digital Connect will meet your requirements.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Victoria, Australia, without giving effect to any principles of conflicts of law and the jurisdiction of the Courts of this State shall apply.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions from time to time by posting the updated terms on the Auto Digital Connect web site. We will provide reasonable advance notice before the Updated Terms become effective. Your continued use of Auto Digital Connect after any such changes constitutes your acceptance of the new Terms.
Please review these Terms periodically for changes. If you do not agree to any part of the Terms discontinue any use of the Application immediately..
If you have any questions about the Terms, please contact us at
support@autodigitalconnect.com.au