Terms & Conditions

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MEDIUM LICENCE AGREEMENT

In these terms of use, “medium” refers to the particular medium being accessed by you including the MotorMouth App, the MotorMouth website www.motormouth.com.au or the MotorMouth services.

MOTORMOUTH TERMS OF USE

Please read these terms carefully before using or accessing this medium. By using or accessing the medium, 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 medium is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MotorMouth medium 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 medium is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the MotorMouth medium. Your continued use of the MotorMouth medium 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 medium at any time in its absolute discretion.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

MotorMouth is the owner of the copyright in all material on this medium and in all industrial and intellectual property rights, both in Australia and throughout the world, including, moral rights, patents, registered or unregistered trade marks, registered or unregistered designs, trade secrets, knowhows, rights in relation to semiconductors and circuit layouts, trade or business or company names, indication or source or appellation of origin or other proprietary rights, or right of registration of such rights. The medium is owned and operated by MotorMouth and is protected by Australian and international copyright, trademark and other intellectual property laws.

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

You must not use this medium 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 medium are owned by third parties and are used with the consent of those parties. If you are able to download any trademark from this medium, 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. You must not use this medium to breach the intellectual property rights of third parties.

You must not use any malware, spyware, adware, computer viruses, worms, Trojans, backdoors, toolkits to gain access to information on this medium.

INFORMATION FOR PERSONAL USE ONLY

Any information published on this medium 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 medium.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the MotorMouth medium is 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 medium without the prior consent of MotorMouth. This expressly includes the use of icons and forecasts. Any such use or display of the aforementioned content must only be with the prior written consent of MotorMouth.

ACCURACY OF INFORMATION AND DISCLAIMER

Fuel prices on this medium are provided by MotorMouth and are obtained from third parties. All Fuel Prices are for information purposes only. Not all site prices are available and therefore any pricing forecasts (including averages) or graphs are provided as a guide only. The inclusion of a site in the site search, or representation of any site on a map, is not to be taken to convey that prices at that site have been included in any pricing information.

MotorMouth does not warrant that the prices will remain as published on this medium for any set period of time. You acknowledge that MotorMouth has no control whatsoever over 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 or otherwise 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 medium 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 medium is accurate and reliable but gives no warranty as to the accuracy or reliability particularly taking into account that prices are obtained from third parties. You acknowledge that because the information is collected from third parties it is possible for errors to be made in the collection or transmission of the information.

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

MotorMouth does not guarantee that any file available for downloading through this medium 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 medium 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 Competition and Consumer Act 2010 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:

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

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:

LINKS TO THIRD PARTY SITES OR SERVICES

This medium 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 medium 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 medium 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 medium, you will not use the MotorMouth medium for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MotorMouth medium in any manner which could damage, disable, overburden, or impair any MotorMouth medium or interfere with any other party’s use and enjoyment of any MotorMouth medium. You may not attempt to gain unauthorized access to any MotorMouth medium, computer systems or networks connected to any MotorMouth 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 Medium/Services.

TERMINATION

MotorMouth may terminate your access to this medium at any time without notice. If it does so, you will no longer be authorised to access the medium 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 medium. 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. You should also check our privacy policy available on our website www.motormouth.com.au

CROWD SOURCED DATA AND CREDITS/POINTS MANAGEMENT

MotorMouth has developed a credits/points system to reward users who provide MotorMouth with accurate petrol prices and related information. Any information provided will be used by MotorMouth as set out above and may be displayed on any medium operated by MotorMouth.

The number of points awarded for each contribution activity may vary from time to time and from one contribution activity to another. Points will only be awarded for data that falls within pre-set validity criteria. Points will not be awarded to data that is inappropriate or inaccurate. In severe and/or repeat cases, points already awarded to the user may also be revoked. MotorMouth may do this at its complete discretion.

If a user is found to have submitted data that is either inappropriate and/or inaccurate the user may be suspended from using the crowd source service and providing data to MotorMouth. MotorMouth reserves the right to block users' ability to provide MotorMouth with information either temporarily or permanently at its complete discretion.

RIGHT TO BLOCK MEDIUM

MotorMouth reserves the right to withdraw access to this medium, either temporarily or permanently, where any user is deemed by MotorMouth to be using the information published on this medium for commercial purposes.

GENERAL

MotorMouth recommends that this medium and Smart Phones are not used while driving a Motor vehicle and holds no responsibility for any accident or injury caused due to the use of this medium whilst driving.

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.