MOTORMOUTH TERMS OF USE

Please read these terms carefully before using or accessing this site.  By using or accessing the site, you agree to be bound by these terms.  MotorMouth may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms.  You should also refer to the privacy policy for users.

AGREEMENT BETWEEN USER AND MOTORMOUTH

The MotorMouth Web Site/Services is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MotorMouth Web Site/Services constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MotorMouth reserves the right to change the terms, conditions, and notices under which the MotorMouth Web Site/Services is/are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the MotorMouth Web Site. Your continued use of the MotorMouth Web Site/Services constitutes your agreement to all such terms, conditions, and notices.

MODIFY SERVICES

MotorMouth may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion. 

COPYRIGHT

MotorMouth is the owner of the copyright in all material on this site.  The site is owned and operated by MotorMouth and is protected by Australian and international copyright and trademark laws.

You must not modify, copy, republish, upload to a third party, post, transmit or distribute the content of this site in any way unless you have the prior written authority of MotorMouth. 

You must not use this site in any manner or for any purpose which is unlawful or which may violate any rights of MotorMouth or its advertisers.

Some of the trademarks on this site are owned by third parties and are used with the consent of those parties.  If you are able to download any trademark from this site, whether owned by MotorMouth or by a third party, then you may only do so with the prior written consent of the owner of the trademark. 

INFORMATION FOR PERSONAL USE ONLY

Any information published on this site is intended to be used by you for your personal use only.  It is your responsibility to check the accuracy of all information.  MotorMouth will not be liable to you for any decision made or action taken by you relying on any information you obtain from this site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the MotorMouth Web Site/Services are for your personal use only. You may not modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from the MotorMouth Web Site/Services without the prior consent of MotorMouth.

ACCURACY OF INFORMATION AND DISCLAIMER

Fuel prices on this site are provided for information purposes only.  MotorMouth does not warrant that the prices will remain as published on this site for any set period of time.  You acknowledge that MotorMouth has no control whatsoever on the prices or the changes to prices or the frequency of those changes.

MotorMouth does not warrant the merchantability or fitness for purpose of any fuel offered for sale by any service station proprietor.  Any purchase of fuel made by you is made by a separate contract with the service station owner.  It is your responsibility to find out the terms and conditions on which the fuel is offered for sale.

Use of information from the MotorMouth site is at your own risk.  MotorMouth is not responsible for any consequences arising from the use of the information.

MotorMouth believes that the information published on this site is accurate and reliable but gives no warranty as to the accuracy or reliability particularly taking into account the method used for the collection of the information.  You acknowledge that because the information is collected manually, it is possible for errors to be made in the collection or transmission of the information.

MotorMouth does not warrant that access to the site will be uninterrupted or error-free or that defects will be corrected. 

MotorMouth does not guarantee that any file available for downloading through this site will be free of infection or viruses, worms or any other program that may result in contamination or destruction.  You are responsible to make sure that you have installed on your system all appropriate virus protection software and fire walls.

MotorMouth receives no commission or financial benefit from the publication of the fuel prices on this site from the owners of the petrol stations and is in no way interested in any transaction that may result from the publication of the prices.

LIMITATION OF LIABILITY

The Trade Practices Act and State Fair Trading Acts in Australia may give you some rights and remedies in relation to the provision of goods or services which cannot be excluded, restricted or modified.  MotorMouth does not exclude any or those rights but does exclude all other conditions or warranties whether express or implied by any custom, law or statute.

To the extent permitted by law:

(a)                   The content of this site is provided as is and without warranties of any kind;

(b)                   MotorMouth expressly disclaims all warranties including those relating to merchantability or fitness for purpose;

(c)                    MotorMouth does not warrant your access will be uninterrupted;

(d)                   MotorMouth gives no warranty or guarantee as to the results of your access to the site;

(e)                   You assume the cost of any verification, maintenance or repair necessary to make use of any information from this site or which may result because of information obtained from this site.

Under no circumstances will MotorMouth be liable for any loss whatsoever that you might suffer because of any use or access to this site.

MotorMouth’s liability for breach of any implied warranty or condition which cannot be excluded by law, is limited to the full extent of the law to the following:

(a)                   in the case of services – to the supply of the services again or the payment of the cost of having the services supplied again; or

(b)                   in the case of goods supply by MotorMouth – the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of the goods, or the payment of the cost of having the goods repaired.

LINKS TO THIRD PARTY SITES OR SERVICES

This site contains links to sites of third parties.  Those sites are not under the control of MotorMouth and MotorMouth is not responsible in any way for the contents of any linked site.  The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by MotorMouth.  Any link by you to a third party’s site is done at your own risk.

MotorMouth is not responsible for webcasting or any other form of transmission received from any linked site.

This site also contains advertisements for third parties (including banner ads or other types of advertisements).  Those advertisements may also contain links to other sites controlled by third parties.  Any third party pays for its advertising on this site and MotorMouth does not recommend or endorse any products or services offered by its advertisers.  You must check with the advertiser for information about products or services offered.

MotorMouth does not endorse any offers made by any third parties and MotorMouth is not a party to the making of the offer.  The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MotorMouth Web Site/Services, you will not use the MotorMouth Web Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MotorMouth Web Site/Services in any manner which could damage, disable, overburden, or impair any MotorMouth Web Site/Services or interfere with any other party's use and enjoyment of any MotorMouth Web Site/Services. You may not attempt to gain unauthorized access to any MotorMouth Web Site/Services, computer systems or networks connected to any MotorMouth Web Site/Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MotorMouth Web Site/Services.

TERMINATION

MotorMouth may terminate your access to this site at any time without notice.  If it does so, you will no longer be authorised to access the site but the contents of these terms of use will still apply.

INDEMNITY

MotorMouth relies on you observing these terms at all times.  You agree to indemnify and hold MotorMouth and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site.  The indemnity is this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US

If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit.  This right extends to any ideas you might send us in regard to new or improved products or services.

GENERAL

These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland.

If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

All rights not expressly granted in these terms are reserved by MotorMouth.