TaT Membership Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
The Automotive Technician Pty Ltd (TaT) (ACN 121 589 802) is a Pty Ltd company registered in Australia with its head office located at 30 Dale Street, BROOKVALE NSW 2100.
Access to TaT’s databases of information by You is controlled by an electronic permit activated by entering a username and password. The usernames and passwords are supplied by TaT.
By accessing TaT’s Information and by paying the Membership Fee, You agree to be bound by the terms and conditions of this Licence. In exchange, TaT will grant You a Licence to access and use TaT’s Information on the following terms and conditions:
In this Licence, the following words will have the following meanings:
“TaT Information” means the information gathered by TaT and published in the TaT magazine and Membership Area of the TaT Website;
“TaT Website” means the website at www.tat.net.au or such other website that TaT may notify You;
“Intellectual Property Rights” mean any patents, copyright, designs, utility models, trademarks, trade names, domain names, database rights, rights in know-how and confidential information and all other intellectual and industrial property and similar, whether registered or unregistered or analogous rights existing under the laws of any country;
“License Agreement” means this User Membership Licence/Product Terms and Conditions;
“Registration Form” means the form (electronic or otherwise) completed by setting out Your details, the Membership Period and the Membership Fee payable; where there is any inconsistency between this Membership and the Registration Form, the terms and conditions of this Membership Agreement shall prevail;
“Membership Area” means that part of the TaT Website which is only accessible by entering a valid username and password and which contains the TaT Information;
“Membership Fee” means the fee agreed between You and TaT, as are set out in the Registration Form;
“Membership Period” means the period for which You have paid the Membership Fee to access the TaT Information as set out on the Registration Form; and
“You” means the organisation paying to have access to the TaT Information, and
“Your” will be construed accordingly.
2.1 On receipt of the correctly completed Registration Form and in consideration of (and receipt of) payment by You of Membership Fee to TaT, TaT grants You online-only access to the Membership Area and grants You a non-exclusive non-transferable limited Licence to view the TaT Information on the Membership Area for the Membership Period subject to the terms and conditions of this Licence Agreement.
2.2 The Licence granted under clause 2.1 is issued in respect of the single physical site or address stated on the Registration Form and covers the viewing of TaT Information by multiple internet-connected devices in use at any given time at that location only. You will be issued with a single username and password and will ensure that such username and password are not disclosed to any third party or used other than as permitted in these Terms and Conditions. You agree to indemnify TaT from and against any loss, liability, damages or costs to TaT or third parties from Your failure to comply with this obligation. You shall notify TaT in writing immediately if the security of a password has been compromised.
2.3 Viewing of the TaT Information by additional Internet-connected devices outside the location applicable in paragraph 2.2 is only permitted if permission is granted in writing by TaT.
2.4 You may only use the TaT Information as a source of reference for the purposes of maintaining and repairing motor vehicles.
2.5 Only You and Your employees are authorised to use the username and password TaT gives to You in accordance with paragraph 2.2, and You will not disclose or authorise the disclosure of the username and password to any other party.
2.6 You may not use, copy, download, rent, lend, lease, sell, distribute, transmit or otherwise transfer any TaT Information or any copy, modification, translation or adaptation of any TaT Information except as permitted by this Licence Agreement. You may not “crawl” or otherwise access the TaT Information, whether manually or by automated means, to reproduce any part of the TaT Information in any form. You may not reverse compile, disassemble, reverse engineer or create derivative works based on all or any portion of the TaT Information.
2.7 Permission to use the TaT Information outside the terms of this Licence Agreement must be obtained in writing from TaT.
2.8 You agree that TaT may monitor Your online use of the Membership Area. If TaT reasonably establishes that you are accessing or otherwise using the Membership Area other than in accordance with this Licence, TaT has the right to immediately suspend or terminate your access to the Membership Area with no obligation to repay You any part of the Membership Fee.
2.9 You must comply with all applicable laws and regulations in force from time to time in the location from which you access the TaT Information and the Membership Area, and must not use (or permit to be used) the TaT Information in connection with any illegal activities.
3.1 Unless TaT terminates it in accordance with clauses 2.8 above or 8.2 below, this Licence Agreement will begin on the date on which TaT issues You with a username and password to access the Subscription Area and will continue for the Membership Period of 12 months.
3.2 Prior to the ending of your 12-month Membership TaT will email You a reminder that your membership renewal date is approaching.
3.3 Unless we receive notice from you before your Membership Period ends (and any subsequent renewals thereof) that you wish to terminate this Licence Agreement, this Licence Agreement will be automatically renewed for a further Membership Period of 12 months or to the period specified in your contract where relevant, and you will be required to pay a further fee. This further fee will be automatically charged to any payment means that you have authorised us to retain on our records, or where relevant to the channel through which you purchased your Membership, otherwise you will be issued with an invoice. If You do not pay the further Subscription Fee in respect of any renewal of this Licence Agreement when it falls due, TaT may suspend or terminate your access to the Membership Area.
4.1 If within the first 7 days of your Membership Period You change your mind you may cancel your License Agreement and receive a full refund. TaT must receive your request within 7 days either in writing or by email to [email protected]
5.1 YOU can cancel your membership any time throughout the Membership Period, however, no refunds will be paid on any unused membership period. TaT must receive your cancellation request via phone in writing or by email to [email protected]
6.1 The TaT Information has been compiled by TaT from information supplied by Members and from the results of tests carried out by TaT and assumes an appropriate level of skill and competence. All reasonable care has been taken to ensure the accuracy of such information. Nevertheless, TaT gives no warranty that the TaT Information is complete or accurate and, to the maximum extent permitted by law, TaT will accept no liability arising from any inaccuracy or incompleteness of the TaT Information.
6.2 The TaT Information was compiled for use with vehicles manufactured to Australian specifications. You should be aware that in countries outside Australia model names and descriptions and the specifications relating to them may differ from those listed in the TaT Information.
6.3 The TaT Information is provided ‘AS IS’ and all conditions or warranties express or implied, statutory or otherwise (including without limitation those pertaining to accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose (whether or not notified) of any product) are hereby excluded.
6.4 TaT makes all reasonable efforts to ensure the TaT Website is free from computer viruses, Trojans and other malicious code, however, You should ensure that You use adequate, up to date, anti-virus software. TaT will accept no liability arising from any infection by computer viruses or other malicious code.
6.5 TaT makes all reasonable efforts to ensure that the TaT Website is available. On some rare occasions, the number of users accessing it may cause it to run slowly, and on other occasions, it may be temporarily unavailable whilst it is being serviced or repaired. Whilst TaT will endeavour to warn users of scheduled service interruptions, TaT does not warrant that the site will be accessible at all times. To the maximum extent permitted by law, TaT will accept no liability arising from the inability of users to access the TaT Information or any slow running of the TaT website.
6.6 Your sole remedy and the entire liability of TaT are as set out in this Licence Agreement and in no event shall TaT be liable to You or any other person for any loss of revenue, loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or any indirect or consequential loss or damages however caused which arise directly or indirectly from the subject matter of this Licence Agreement or the use or inability to use the TaT Website.
6.7 You hereby indemnify and hold harmless TaT from and against all liability, cost (including legal costs), damage, loss, action, claim or proceedings arising directly or indirectly as a result of any unauthorised use by You (or Your employees or any third party to whom You or Your Employees have granted access to the TaT Information) of the TaT Information or of the TaT Website, whether in compliance with the terms of this Licence Agreement or otherwise. You will provide TaT with any evidence or information in your possession or control reasonably requested by TaT in relation to your use of the TaT Information in the event that TaT is subjected to any challenge, claim, or complaint relating to your use of the TaT Information.
6.8 Except as set out in this Licence Agreement or as required by law, no other warranties (whether express or implied) are made in respect of the TaT Information or the TaT Website. Nothing in this Agreement shall operate to exclude or restrict the liability of either Party for death or personal injury due to its negligence, nor for fraudulent misrepresentation, or any liability which cannot be excluded by law.
7.1 All Intellectual Property Rights in the TaT Information are owned by TaT. You shall not have any rights in or to the TaT Information other than the rights specifically granted under this Licence Agreement and the Registration Form and all rights not expressly granted to You are reserved by TaT.
7.2 The copyright and database rights notices included in TaT Information must at all times remain an integral part of the TaT Information and any permitted copy.
7.3 TaT and the TaT logo are registered trademarks of The Automotive Technician Pty Ltd.
7.4 You hereby assign (and shall procure the assignment from any of Your employees) at no cost to TaT (including copyright permission) any content relating to the repair and maintenance of motor vehicles that You provide, share or make available (e.g. by email or by sharing on TaT’s website, magazine or such similar other public facilities owned or operated by TaT) to TaT.
8.1 You shall not transfer, assign, sub-license or otherwise dispose of all or any part of this Licence Agreement, or any of Your rights or obligations arising under it without the prior written consent of TaT.
8.2 In the event that You fail to comply with the terms and conditions of this Licence Agreement, TaT shall be entitled to terminate this Licence Agreement granted to You with immediate effect and without notice. On the expiry of this Licence Agreement for whatsoever reason, all rights granted to You under this Licence Agreement shall cease.
8.3 You consent to TaT storing Your payment information to facilitate payment of future Membership fees. TaT shall comply with all data protection legislation in the storing and processing of any personal data.
8.4. TaT may update the terms of this Licence Agreement from time to time by written notice to You (including via electronic communication or email).
8.5 TaT may alter or change the Membership Fee or any other fees, charges, or monies under or in relation to this Licence Agreement by written notice to You (including via electronic communication or email).
8.6 If any provision of this Licence Agreement is declared void or unenforceable the remaining provisions of this Licence Agreement shall remain in full force and effect.
8.7 Nothing in this Licence Agreement shall be deemed to constitute a partnership between the Parties nor constitute any Party to be the agent of the other Party.
8.8 Nothing in this Licence Agreement is intended to confer any benefit on any third party (whether such benefit would have arisen under the Contracts (Rights of Third Parties) Act 1999 or otherwise) and no term will be enforceable by any third party.
8.9 This Licence Agreement and the Registration Form constitute the entire agreement between You and TaT and supersedes any previous arrangement, understanding or agreement between You and TaT relating to the TaT Information. To the extent that there is a discrepancy between this Licence Agreement and the Registration Form, the terms of this Licence Agreement shall prevail.
8.10 This Licence Agreement shall be governed by and construed in accordance with the laws of Australia.
9.2 You consent to TaT storing cookies on your device(s) for the purposes outlined in 9.1.
9.3 Please be aware that should you choose to disable or remove cookies it may prevent you from taking full advantage of the application and some of the application functionality may fail to work.