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Green Light Auto Group Pty Ltd Terms of Service - Carboodle
The following Terms of Service (“TOS”) are between you and Green Light Auto Group Pty Ltd and constitute a legal agreement that governs your use of the Carboodle product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Green Light" as used herein means Green Light Auto Group Pty Ltd of Level 9, 1 William Street, Perth Western Australia 6000.
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Green Light, and b) cannot be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.
Green Light may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://www.carboodle.com.au/legal/tos.html.If Green Light makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of any revision to the TOS that we post. Without limiting the foregoing, if Green Light makes a change to the TOS that materially impacts your use of the Service, Green Light may post notice of any such change on our website and, if you have an account with us, we will email you notice of any such change to your account.
Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended. Compatible device: Mac, PC. For Mac: Mac OS X v10.5.8, v10.6.2, or later; Safari 3, Firefox 3, or later. For PC: Windows 7, Vista or XP Home or Professional (SP2) or later; Internet Explorer 7, Safari 3, Firefox 3, or later.
Green Light reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Green Light may post on our website and, if you have an account with us, we will email your nominated email account with, notice of such changes to the Service. It is your responsibility to review our website or, if applicable, check your email address for any such notices. You agree that Green Light shall not be liable to you or any third party for any modification or cessation of the Service.
The Service, or any feature or part thereof, may not be available in all languages or in all countries and
Green Light makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
From time to time, Green Light may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Beta Program (the “Program”) for the purpose of providing Green Light with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Green Light, and that Green Light is not obligated to provide you with any Beta Features. Green Light may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Green Light may collect and use certain information from your account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by these TOS and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Green Light strongly encourages you to back-up all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Green Light may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Green Light provides to you in order to receive any such support. Green Light reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Green Light has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Green Light will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of Beta Features. You agree that in the absence of a separate written agreement to the contrary, Green Light will be free to use any feedback you provide for any purpose.
When you accept these TOS and complete the account sign up process (if this is offered to you), you become the “Account” holder. You are required to select a unique name upon sign up that will be used for your account (your “Log In ID”). You may be able to create additional “sub user accounts” associated with your Account. You must create a separate Log In ID for each sub user account you create. You are responsible for all activity that takes place on your account and any sub user accounts.
Upon creating your Log In ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Log In ID. If you suspect or become aware of any unauthorized use of your account please contact Carboodle Support. You further acknowledge and agree that the Service is designed and intended for use on an individual basis and you should not share your account and/or password details with another individual.
You agree that all information you provide to Green Light during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.
Additional Obligations or Terms of Use
Particular components or features of the Service, provided by Green Light and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Log In ID, email address, domain name, Chat ID, or similar resource used by you in connection with the Service.
You agree that your Carboodle account is non-transferable and that any rights to your Log In ID or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Green Light’s Privacy Policy. You further consent and agree that Green Light may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the Service, and any features therein, to you. Information collected by Green Light when you use the Service may also include technical or diagnostic information related to your use that may be used by Green Light to maintain, improve and enhance the Service. For more information please read our full privacy policy at http://www.feeflow.com.au/legal/privacy.html. You further understand and agree that this information may be transferred to other countries for storage, processing and use by Green Light and/or its affiliates.
"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Green Light, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. Green Light does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
You acknowledge that Green Light is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Green Light reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Green Light does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
If you have an account with us, you acknowledge and agree that Green Light may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Green Light, its users or the public as required or pemitted by law.
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to Green Light.
Green Light, Carboodle, the Carboodle logo and other Green Light trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Green Light. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You acknowledge and agree that Green Light and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Green Light grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Green Light as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of Australia and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Software or Service, you represent and warrant that you are not located in an embargoed country. You also agree that you will not use the Software or Service for any purposes prohibited by Australian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Carboodle account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
As part of the Service, you may from time to time receive updates to the Software from Green Light. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Green Light may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
You may terminate your account and/or stop using the Service at any time. To terminate your account (if you have been given one) please contact Green Light.
Green Light may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Green Light in its sole discretion and Green Light will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Account and Log In ID. In addition, Green Light shall delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email, documents and preferences. Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
Certain content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Green Light may have no control over such third party sites and/or materials, you acknowledge and agree that Green Light is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Green Light shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREEN LIGHT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, GREEN LIGHT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREEN LIGHT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREEN LIGHT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GREEN LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Green Light, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by sub user accounts, and that these TOS apply to any and all usage of your account, including any use by sub user accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless Green Light from and against any and all claims and demands arising from usage of your account or any sub user account, whether or not such usage is expressly authorized by you.
Green Light may provide you with notices regarding the Service, including changes to these TOS, by email to your nominated email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
These TOS and the relationship between you and Green Light shall be governed by the laws of the State of Western Australia, excluding its conflicts of law provisions. You and Green Light agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Western Australia, to resolve any dispute or claim arising from these TOS.
These TOS constitute the entire agreement between you and Green Light, govern your use of the Service and completely replace any prior agreements between you and Green Light in relation to the the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Green Light to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
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© Copyright 2010 Green Light Auto Group Pty Ltd. All rights reserved.