Avida Recreational Vehicles (ABN 37 101 183 290) (Avida) of 32 David Road, Emu Plains NSW 2750 operates the website located at www.avidarv.com.au (Website), including all content, functionality, features, forums, noticeboards and other applications available from time to time through the Website (Services).
4. Registered Users
- In order to access certain Services offered through the Website, you are required to create an account (Registered Account) and register as a user of the Services (Registered User).
- To become a Registered User you must pay any applicable membership fees for your chosen kind of membership that are specified on the Website from time to time (Membership Fees) at the time of registration, using your choice of the payment methods specified on the Website.
- If Membership Fees are payable you, Your Registered Account is valid for only so long as those Membership Fees are paid and up-to-date.
- Avida may require that you pay fees (Renewal Fees) or meet other criteria to renew your Registered Account and maintain your status as a Registered User. If any Renewal Fees owing are not paid by you by the specified due date, your Registered Account will lapse and you will no longer be a Registered User. In this event, you will need to re-register through the Site to regain access to the paid Services.
- You acknowledge and agree that Avida reserves the right to charge, and if charged, change, the amount of Membership Fees and Renewal Fees from time to time in its sole discretion. Current Membership Fees and Renewal Fees will be as indicated on the Website from time to time.
- Registered Accounts are personal to subscribing Users, and are non-transferable.
- If you are a Registered User, you can cancel your registered account at any time in your sole discretion, by following the instructions on the Website.
- When creating a Registered Account, you will be asked to choose a username and password. You are solely responsible for the activity that occurs on your Registered Account, and must keep your Registered Account password confidential and secure.
- You agree not to use the Registered Account, username or password of another Registered Member at any time, and must not disclose your Registered Account password to any third party.
- You must notify Avida immediately if you suspect any unauthorised use of your Registered Account or access to your password.
- You are solely responsible for any and all use of your Registered Account, and accordingly, you are liable to Avida for any losses sustained by it as a result of any unauthorised use of your Registered Account, and you may be similarly liable to other third parties.
- For the avoidance of doubt, you acknowledge and agree that Avida assumes no responsibility or liability to any party for losses caused by unauthorised use of your Registered Account.
6. Additional Terms and Conditions
By using the Website or the Services, you warrant and represent to Avida that:
- you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian to access and/or use the Website and the Services;
- any information you submit to Avida through the Website, including but not limited to any information you supply to become a Registered User, is truthful and accurate, and that you will ensure that the accuracy of such information is maintained; and
- your use of the Website or the Services does not violate any applicable laws or regulations.
- Users may only use the Website and the Services for personal, non-commercial purposes. Use of the Website or the Services for commercial purposes, without the prior written authorisation of Avida, is specifically prohibited.
- Avida reserves the right to remove any material or content uploaded by Users to the Website or through any of the Services which it deems to be commercial, in its sole discretion, including but not limited to commercial advertisements or affiliate links. Such commercial content may be removed from the Website by Avida without notice and may result in the termination of the applicable Registered Account.
- Unauthorised use of the Website or the Services, including but not limited to collecting details of Users, such as email addresses, by electronic or any other means whatsoever for the purpose of sending unsolicited email, and any other form of unauthorised solicitation, is prohibited.
- Avida expressly reserves the right to take any action deemed necessary, including appropriate legal action, in respect of any Prohibited User Activities or other illegal or unauthorised use of the Website or the Services by Users.
- If you become aware of any misuse of the Website or the Services by any person, you must inform Avida immediately.
9. Termination of Access
- Avida reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting made by, or content uploaded by, Users, or to deny, restrict, suspect, or terminate the access of Users to all or any part of the Website or the Services at any time, for any reason (including no reason), and without prior notice or explanation, and without any form of liability whatsoever.
10. No Liability for Other Users
11. Third Party Content
- The Website or Services may contain links to third party content or websites that are not owned or controlled by Avida or its affiliated entities.
- Avida assumes no responsibility for the content or use of any third party website, and inclusion of any third party website or details of such on the Website or the Services does not imply approval or endorsement by Avida of the third party website.
12. Avida Intellectual Property
- Avida retains ownership of all rights, including without limitation intellectual property rights, in the Website, Services and any text, files, images, photos, videos, sounds, musical works, literary works, artistic works, software, source code, applications or any other material displayed on, or otherwise incorporated into, the Website and/or the Services by Avida (Avida Content).
- Avida grants you a revocable, non-transferable licence to reproduce, display and use Avida Content, solely for your personal use and solely for the purposes of viewing the Website and utilising the functionality of the Services.
13. User Content
- You retain ownership of all rights (including intellectual property rights) in any text, files, images, photos, videos, sounds, musical works, literary works, artistic works, applications or any other material (User Content) which you display, post, upload onto, publish or otherwise submit, through the Website and/or the Services.
- By submitting any User Content on or through the Website and/or the Services, you grant to Avida and all Users a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, perform, display and distribute or otherwise use, exploit or dispose of the User Content you have submitted (Licence).
- You irrevocably consent to the adaptation, reproduction, editing, re-titling, alteration, adding to and/or deleting from, rearrangement, transposing, translation and exploiting of the User Content for any purpose and in any media (now known or developed in the future) including but not limited to the reproduction, publication, communication to the public and adaptation of the User Content and any works derived from it.
- For the avoidance of doubt, you acknowledge and agree that the Licence will continue in perpetuity notwithstanding the fact that you can at any time, in your sole discretion, decide to remove any User Content you have submitted on or through the Website or the Services.
- The Licence granted to Avida is transferable and can be assigned or sub-licensed by Avida to any third parties without your consent. The Licence granted by you to other Users is personal to each User, and cannot be assigned, sub-licensed or otherwise dealt with by them.
- You represent and warrant that:
- you own all the rights in and to the User Content and that you have all necessary right and title to grant the Licence;
- the submission of the User Content on or through the Website and/or the Services does not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party; and
- the User Content contains nothing which is defamatory, obscene, false, misleading or deceptive and does not breach any statute or other law or regulation, including but not limited to applicable privacy or intellectual property legislation.
- You undertake to pay all royalties, fees or any other amounts owing to any person or other third party in respect of any User Content submitted by you on or through the Website and/or Services.
- For the avoidance of doubt, you acknowledge and agree that you are not entitled to upload, embed, post, email, transmit, submit or otherwise make available any material through the Website or the Services that infringes any intellectual property rights (including, without limitation, copyright and registered or unregistered trade mark rights) or is defamatory of any party. Avida expressly reserves the right to immediately remove such material from the Website or the Services and terminate the Registered Account of any infringing User, if applicable.
- Avida respects the intellectual property rights of others. If you believe that your material has been copied or submitted to the Website or the Services in a manner that infringes your intellectual property rights, subject to the licence granted by you to other Users, as detailed above, please notify Avida in writing, ensuring that your notice states the relevant details, including:
- identification of the original, and allegedly infringing material;
- your contact information;
- a statement that you are reporting the alleged infringement in good faith; and
- a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.
14. Submitted Content
- You understand and acknowledge that Avida is under no obligation to monitor use of the Website or the Services for Prohibited User Content, inappropriate User Content, Prohibited User Activities or other inappropriate conduct by Users, and assumes no responsibility for (including no responsibility for modifying or removing) any User Content submitted by, or conduct undertaken, by Users.
- You are solely responsible for:
- all User Content which you submit on or through the Website or Services;
- any material or information that you transmit to other Users, and for your interactions with other Users generally; and
- ensuring that all User Content that you submit on or through the Website or Services, and any material or information that you transmit to other Users, complies will all applicable data protection and privacy laws.
15. Prohibited Content and User Activities
- Avida reserves the right to investigate, and take any appropriate action (including removal of User Content, termination of any Registered Account, or legal action, if necessary) against any User whom Avida determines, in its sole discretion acting reasonably, has submitted User Content which is illegal or prohibited (Prohibited User Content) or accesses or uses the Website or Services for purposes which are illegal or prohibited (Prohibited User Activities).
- Prohibited User Content includes, but is not limited to, User Content that Avida in its sole discretion determines:
- is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;
- is exploitative of people in a sexual or violent manner;
- contains nudity, excessive violence, or otherwise offensive subject matter;
- is pornographic in nature;
- is liable to pose or create a privacy or security risk to any person;
- contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;
- constitutes or promotes an infringement of the intellectual property rights of another party or any other rights of another party, or is likely to;
- contains audiovisual material of another person which has been submitted without that person’s consent, including content that contains image(s) or video of persons under the age of 18, where parental/guardian consent has not been provided to the use of that content;
- contains the work of another person which has been submitted without that person’s consent; or
- is commercial in nature, where such User Content has not been subject to prior written approval by Avida.
- Prohibited User Activities include, but are not limited to, activities conducted by Users in connection with their use of, or otherwise in respect of, the Website or the Services that Avida in its sole discretion determines:
- are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;
- are commercial in nature, where such activities have not been subject to prior written approval by Avida, including but not limited to advertising and solicitation activities;
- are purporting to provide professional advice to other Users or third parties generally;
- constitute bullying or harassment of other Users;
- involve the use of viruses, bots, worms or any other material intended to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of, or access to, a computer or computer network;
- are automated uses of the Website or the Services;
- involve impersonation of another User or other person or entity;
- result in the sale or transfer of any Registered Account; or
- Avida expressly reserves the right to take any action deemed necessary in respect of any Prohibited User Content or Prohibited User Activities or other illegal or unauthorised use of the Website or Services by any person, including removing Prohibited Content without notice, referring matters to appropriate authorities for further investigation (such as police), and commencing appropriate legal action.
You are solely responsible for your interactions with other Users, if any. Whilst Avida reserves the right to become involved in any way in disputes between you and other Users and authorised dealers, you acknowledge that Avida is under no obligation to do so.
- You acknowledge and agree that Avida is not responsible for the privacy practices or policies of websites or other services operated by third parties that are linked to, integrated with, or available from the Website or the Services.
- You acknowledge that Avida may collect non-Personal Information about you, including but not limited to your IP address and browser type, which will be used for any purpose which Avida may in its sole discretion from time to time determine, including but not limited to security purposes, and to monitor usage of, and to manage and improve, the Website and the Services.
- Avida is not responsible for the conduct, whether online or offline, of any User, or any of its authorised dealers. Avida is not responsible for, and to the fullest extent permitted by law makes no warranties (whether express or implied) regarding any User Content (including but not limited to its accuracy or reliability) submitted on or through the Website or the Services. User Content may not reflect the policies or opinions of Avida.
- Avida is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to use or participation in the Website or the Services, including but not limited to damage resulting from the download of any Avida Content or other material as part of your use of the Website or the Services.
- Avida expressly disclaims, but only to the fullest extent permitted by applicable laws and regulations, any consumer guarantee or statutory or other warranty, including but not limited to warranties or guarantees of acceptability of quality, merchantability or fitness for purpose. However, Avida does not seek to disclaim or otherwise limit the application of any warranties or consumer guarantees which cannot be lawfully limited or disclaimed.
- In no circumstances will Avida be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, Services, any User Content, or from the conduct of any User or authorised dealer, whether online or offline.
19. Limitation of Liability
- Subject to clause 19(a), to the fullest extent permitted by applicable laws and regulations, Avida will not be liable for any direct, consequential or indirect loss suffered by you or any other party arising from your use of the Website and the Services, including but not limited to the download of any Avida Content or other material.
- To the maximum extent permitted by law, Avida’s liability to you for a breach of any of the Non-Excludable Guarantees is limited to any one ofthe following, at the option of Avida:
- in the case of goods – replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the costs of having the goods repaired; and
- in the case of services – the supply of the services again or payment of the cost of having the services supplied again.
21. Governing Law
- You expressly agree and acknowledge that you are not authorised or permitted to bind Avida in any way whatsoever in relation to any contract or agreement with any third party.