VACC MOTORTECH – TERMS & CONDITIONS
Your use of VACC MotorTech is governed by these Terms and Conditions. This document is current as at June 5, 2020 but is subject to change at any time without notification.
The VACC MotorTech online information has been produced by the Victorian Automotive Chamber of Commerce (“VACC”, “we”, “us” “our”) and/or Haynes Publishing Group.
In these Terms and Conditions, “VACC MotorTech” means the software, data, databases, information, graphics and all other material used with the software which is associated with VACC MotorTech, and includes any upgrades or updates to the software or data, and any associated or related documentation or printed materials.
By logging onto VACC MotorTech at motortech.com.au you agree to be bound by these Terms and Conditions.
By subscribing to VACC MotorTech, you are entering into an agreement that grants you a non-refundable, non-transferrable, non-exclusive right to use the Technical Data contained within VACC MotorTech for the purpose of performing diagnosis, repair, service or maintenance on motor vehicles. (Agreement)
The term of the Agreement is for a period of twelve (12) months. Your right to access VACC MotorTech is conditional on these Terms and Conditions, and that payment has been made in line with the agreed payment schedule. If at any time during the Agreement, a default occurs with payment, your right to access VACC MotorTech may be suspended or cancelled.
VACC pays, in advance, a non-refundable licence fee to Haynes Publishing Group to secure your rights granted under this Agreement to access information owned by Haynes Publishing Group. Regardless of the payment frequency chosen by you, by entering into this agreement you acknowledge and understand that the full amount of the Agreement is payable and early termination by you would render any remaining balance immediately payable in full.
All subscriptions will automatically renew at the expiry of each twelve (12) month period for a further twelve (12) months, unless you notify us in writing at least seven (7) days before such expiry date that you do not wish to continue.
The full amount of the Agreement is payable and early termination by you would render the remaining balance payable in full.
You may not use, rent, lend, lease, sell, distribute or otherwise transfer VACC MotorTech or any copy, modification, translation or adaptation of VACC MotorTech in whole or in part except as permitted by law or expressly set out in these Terms and Conditions. Except as permitted under the Copyright Act 1968 (Cth) and the Millennium 2000 Copyright Act, you must not reproduce, download to a third party location, perform or use in public, adapt, transmit in any form by any process whatsoever, reverse compile, disassemble or otherwise reverse engineer all or any portion of VACC MotorTech.
From time to time VACC may make available a promotional offer in addition to a subscription to VACC MotorTech.
Promotional offers are subject to these Terms and Conditions and any additional terms and conditions published at the time of the offer. VACC reserves the right to offer, withdraw, change, cancel or determine your eligibility for any promotional offer at it’s absolute discretion. Unless otherwise stated promotional offers are only available to new subscribers.
To accept a promotional offer, such as, but not limited to free or paid trial periods, you must select your preferred product and subscription billing frequency and submit your full details including payment details via the VACC MotorTech website.
It is your responsibility to know when any promotional period ends and the fees and billing frequency of any ongoing subscription. This will be communicated to you at sign up.
You may cancel your subscription at any time during a promotional period. If you cancel a subscription during a promotional period, access to MotorTech will be withdrawn, any ongoing subscription will not commence and you will not be charged ongoing subscription fees.
If you do not cancel your subscription before a promotional period ends, any ongoing subscription will begin and we will commence billing you subscription fees in line with the product and billing frequency chosen by you upon entering this Agreement.
To cancel your subscription, you must contact VACC at email@example.com.
RIGHTS IN VACC MotorTech
All intellectual property rights in VACC MotorTech, including, without limitation copyright in the software and data on VACC MotorTech databases and in all text, images, diagrams, layouts incorporated into VACC MotorTech databases are owned or licensed by VACC. You acknowledge that this Agreement does not transfer any intellectual property ownership rights in VACC MotorTech to you.
The copyright notices included in VACC MotorTech must at all times remain an integral part of VACC MotorTech and any permitted copy.
“VACC” is a registered trademark of Victorian Automotive Chamber of Commerce. “VACC MotorTech” is a registered business name of Victorian Automotive Chamber of Commerce.
Third party trademarks are trademarks of the respective third parties.
WARRANTY AND LIABILITY
The information contained in VACC MotorTech has been compiled by VACC and Haynes Publishing Group and whilst reasonable care has been taken to ensure the accuracy of such information, VACC does not warrant the accuracy, adequacy or completeness of VACC MotorTech or any information or data associated with it. All information is subject to change without notice and is provided on an ‘as is’ basis.
Except as set out in these Terms and Conditions or implied by laws which cannot be excluded, VACC and its directors, officers, employees, and agents are not liable to you for any loss, damage, liability, claim or expense, whether direct, indirect or consequential, howsoever caused, whether in contract, tort including negligence, statute or otherwise, in respect of your use of VACC MotorTech or its content or any error or omission in the content of VACC MotorTech databases.
To the extent permitted by law, the maximum liability of VACC in respect of your use of VACC MotorTech or its content or any error or omission in the content of VACC MotorTech, whether in contract, tort, equity, under statute or otherwise, will be the sum of all fees paid by you to VACC under this agreement.
You indemnify VACC in respect of any loss or liability incurred by VACC for any action, claim, loss or damage, howsoever caused, suffered by VACC as a result of a breach of these Terms and Conditions by you, or your use of VACC MotorTech.
All amounts displayed in Australian Dollars (AUD). Foreign currency transaction amounts are subject to variable foreign currency exchange rates and associated bank fees and charges and will vary from the actual amount presented on a bank statement.
You shall not assign or sub-license all or any part of VACC MotorTech, the data and software included on it, or these Terms and Conditions, without the prior written consent of VACC.
In the event that you fail to comply with these Terms and Conditions, VACC shall be entitled to terminate the Agreement with immediate effect and without notice.
If any provision of these Terms and Conditions and the rights granted hereunder is declared void or unenforceable, the remaining provisions of these Terms and Conditions and the Agreement shall remain in full force and effect.
These Terms and Conditions, the agreement and the rights granted to you are be governed by and construed in accordance with the exclusive laws of the State of Victoria, Australia.
DIRECT DEBIT REQUEST SERVICE AGREEMENT (AUSTRALIA)
OUR COMMITMENT TO YOU
This document outlines our service commitment to you, in respect of the Direct Debit Request arrangements made between Victorian Automotive Chamber of Commerce ABN 63 009 478 209 (User ID: 249293) and you. It sets out your rights, our commitment to you and your responsibilities to us, together with where you should go if you require further assistance.
INITIAL TERMS OF THE ARRANGEMENT
In terms of the Direct Debit Request arrangements made between us, and signed by you, we undertake to periodically debit your nominated account for the agreed amount in payment of fees.
* If any drawing is due on a non-business day, it will be debited to your account on the following business day.
* We will give you fourteen (14) days’ notice when changes to the initial terms of the arrangement are made. This notice will state the new amount to be drawn on the next drawing date, and any other changes to the initial terms.
* If you wish to discuss any changes to the initial terms, please contact the MotorTech team on (03) 9829 1268 or email firstname.lastname@example.org
* Each debit will be drawn on the same date depending on the date you join and the frequency you have chosen.
If you wish to make amendments to the drawing arrangements, please contact our MotorTech team on (03) 9829 1268 or email email@example.com
These changes may include:
* Altering the schedule
* Stopping an individual debit
* Cancelling the DDR completely
* Deferring the drawing
* Suspending the Direct Debit
Please direct all enquiries to us in the first instance, rather than to your financial institution. Enquiries should be made at least five (5) business days prior to the next scheduled drawing date. All communication addressed to us must include your VACC Membership number where applicable.
All personal information held by us will be kept confidential except that information provided to our financial institution to initiate the drawing on your nominated account.
Returns or cancellations, where applicable, will be refunded based on method of payment, with direct deposits being returned to the bank account of origin, credit card payments being refunded to the credit card used and cheque payments being refunded to the Company of issue, on a pro-rata basis.
All fees are charged in Australian Dollars (AUD).
If you believe that a drawing on your account has been initiated incorrectly, please contact us on (03) 9829 1268 or email firstname.lastname@example.org.
If you do not receive a satisfactory response from us to your enquiry, please contact your financial institution who will respond to you with an answer to your claim:
* Within 5 business days (for claims lodged within 12 months of the disputed drawing or
* Within 30 business days (for claims lodged more than 12 months after the disputed drawing).
YOUR COMMITMENT TO US
It is your responsibility to ensure that:
* Your nominated account can accept direct debits
* On the drawing date, there are sufficient cleared funds in the nominated account
* You advise us if the nominated account is transferred or closed.
If the drawing is returned or dishonoured by your financial institution, you will be notified by VACC. Any transaction fees charged to VACC in respect of the above will be charged to you.