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Conditions of Use.

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Learner Driver site form the conditions of supply of material on, use of and access to the Learner Driver site. Your continued use of the Learner Driver site constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the Learner Driver web site.

The Learner Driver website.
The 'Learner Driver website' is owned and operated by Malcolm Hornsby 40 Tropicana Circuit Burleigh Waters Qld 4220 trading as Learner Driver ABN 74 143 181 314 (referred to as 'Learner Driver').

The Learner Driver Conditions of Use govern your use of the site.

From time to time, Learner Driver may run competitions, prize draws and promotions on the Learner Driver site. These will be subject to additional terms and conditions, which will be made known to you at the time.

All terms and conditions, which govern your use of the Learner Driver  (including disclaimers) may only be amended in writing signed by an authorised officer of Learner Driver and Learner Driver may amend them from time to time.

Accuracy of information and disclaimer of warranties
All material on the Learner Driver web site is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Learner Driver site is at your sole risk. Access to the Learner Driver site is provided on an 'as available' basis. Neither Learner Driver or its employees make any representation or warranty that (i) any material on the Learner Driver site will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Learner Driver site will be uninterrupted, timely or secure. Learner Driver will not be liable for loss resulting from any action or decision by you in reliance on the information on the Learner Driver site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

General information only - non advisory
The material on the Learner Driver site provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright
The material provided on the Learner Driver site is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Learner Driver.

You may not use any part of the material on the Learner Driver site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks
Trade marks may be displayed on the Learner Driver site from time to time. These may belong to third parties. Nothing displayed on the Learner Driver site should be construed as granting any licence or right of use of any logo, masthead or trade mark displayed on a website, without the express written permission of the relevant owner.

Your conduct
As a condition of your use of the Learner Driver site or any services on the Learner Driver site, you warrant to Learner Driver that you will not use the Learner Driver site for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on the Learner Driver site. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:
  • use the Learner Driver site to defame, abuse, harass, stalk, threaten or otherwise offend others;
  • publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Learner Driver site;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using the Learner Driver  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;
  • breach any applicable laws or regulations.

Learner Driver has no obligation to monitor any user's use of the Learner Driver site, however Learner Driver retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You will indemnify Learner Driver if Learner Driver suffers 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 Learner Driver site.

GST
Unless stated to be otherwise, charges referred to for use of any services provided by Learner Driver via the Learner Driver site are GST inclusive. Where GST applies, upon payment for online credit by an Learner Driver member, Learner Driver will deduct the GST it incurs from each payment and Learner Driver will issue the member with a Tax Invoice. The balance of the payment will be credited to a member's account. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on the Learner Driver site from time to time. These websites do not form part of the Learner Driver site and are not under the control of Learner Driver or has any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the Learner Driver site and do so entirely at your own risk.

The Learner Driver displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Learner Driver or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

If you contact a third party using functionality provided on the Learner Driver site, including via e-mail, Learner Driver accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Limitation of liability
Learner Driver do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise Learner Driver exclude all conditions and warranties which may be implied by law.

To the extent permitted by law, Learner Driver's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Learner Driver's option, to:

in the case of services supplied or offered by Learner Driver:

  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied; and
in the case of goods supplied or offered by Learner Driver:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of having the goods replaced; or
  • the payment of the cost of having the goods repaired.
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