Terms and Conditions

 

MotorCal (ABN 37 794 080 392) (“MotorCal”, “we” or “us”) operates an online platform (“MotorCal Services”) allowing users (“User” or “You”) to post, access or request information in relation to automotive, motorsports and related social activities in Australia (“Event Information”), via MotorCal’s platform including through our website at http://www.motorcal.com.au, the MotorCal mobile software application available on the Apple or Android app stores (“App Store”) or any other platform we may introduce in the future (“MotorCal Platform”).

PLEASE READ THESE TERMS and ALL MOTORCAL POLICIES including the Privacy Policy, (collectively the “Agreement”) carefully before using the services offered by MotorCal.

Use of the MotorCal Platform or use of the MotorCal Services confirms that You agree to be bound by this Agreement.

1. SCOPE OF MOTORCAL SERVICE

1.1 MotorCal provides a platform for linking automotive and motorsports enthusiasts (“MotorCal Customers”) with organisers of automotive, motorsports and related social events in Australia (“Organisers”), and provides up to date information in relation to upcoming automotive, motorsports and related social events (“Events”).

1.2 A reference to a User in this agreement includes MotorCal Customers, Organisers and any other person that accesses the MotorCal Platform.

1.3 A User creates an account with MotorCal when s/he validly completes a registration form or links their social media account on the MotorCal Platform (“User Account”). A User Account is required to access Event Information unless otherwise specified.

1.4 MotorCal provides the platform only. Apart from enabling a MotorCal Customer to find an Organiser, Event or Event Information, MotorCal accepts no liability for any aspect of the MotorCal Customer and Organiser interaction, including but not limited to the description of goods and services offered and the performance of services. MotorCal has no obligation to any User to assist in any way in any dispute between a MotorCal Customer and an Organiser.

1.5 All information related to an Event is supplied by Organisers, or is obtained from publicly available information. MotorCal does not have any ability and does not undertake any responsibility to review, approve or verify any public or Organiser provided information prior to publication on the MotorCal Platform.

1.6 You expressly agree that MotorCal has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Organisers and MotorCal Customers), including, but not limited to, the ability of Organisers to conduct the Event, the accuracy of any information provided by Organisers, or MotorCal Customers’ ability to pay for the Event Information requested.

1.7 All material on the MotorCal Platform is derived from sources believed to be current and accurate as at the date of publication and is provided in good faith. MotorCal makes no representation or warranty that:
(a) any material on the MotorCal will be relevant, accurate, reliable or complete (nor does MotorCal accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of MotorCal’s negligence or gross negligence); or
(b) your access to the MotorCal Platform will be timely, secure or uninterrupted.

1.8 Your use of, or reliance upon, the material on the MotorCal Platform is entirely at your own risk. Users agree to confirm and verify any Event Information directly with the Organiser before acting on the Event Information. Note that times of Events may be adjusted for daylight savings, although MotorCal does not accept any liability for an error in displaying the correct time of Events.

1.9 The MotorCal Platform may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain persons, or the MotorCal Platform may describe activities which are inherently dangerous. MotorCal makes no representations as to the nature, safety, quality or suitability about any or all of the activities shown on the MotorCal Platform and the User agrees that the User shall be responsible for first satisfying himself/herself by independent enquiry or advice as to the safety and suitability of the particular activity.

1.10 The MotorCal Platform contains contact details for various businesses and service providers. In placing these contact details on the digital assets, MotorCal makes no representation as to the relevance, currency or accuracy of such details. Nor does MotorCal make any representation as to the nature, safety or quality of the goods or services provided by the listed businesses and service providers, or as to their suitability for the purposes of persons using the contact details.

1.11 Any third-party name, contact details, hyperlink or trade mark depicted on the MotorCal Platform is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of MotorCal of any person, product or service.

2. USER ELIGIBILITY

2.1 To create and account and use the MotorCal Services You must be able to form legally binding contracts under applicable law. MotorCal Services are not available to persons under 18 years of age. If You do not qualify to use the MotorCal Services, You must not use the services.

2.2 You may register an account either directly or via your Facebook or other supported social media credentials, provided such registration does not breach the terms and conditions of use of that social media platform.

2.3 While You are registered with MotorCal You must maintain control of Your MotorCal account. You may not deal with or allow another person to access Your account (including reviews and associated userid) in any way (including by allowing others to use Your account or by transferring or selling the account or any of its content to another person).

2.4 At its absolute discretion, MotorCal may refuse to allow any person to register or create an account with MotorCal or cancel or suspend any existing account.

2.5 Account names must not be:
(a) misleading or deceptive;
(b) offensive; or
(c) in violation of any law or Third-Party rights.

3. USER’S OBLIGATIONS

3.1 You agree that at all times:
(a) You will comply with this Agreement (including all MotorCal Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the MotorCal Platform, and ensure that all information supplied by You is and remains current, accurate and true;
(c) all content (whether provided by MotorCal, a User or a Third-Party) on the MotorCal Platform may not be used on Third-Party sites or for other business purposes without MotorCal’s prior permission; and
(d) You will ensure that You are aware of, and comply with any laws that apply to You as a MotorCal Customer or an Organiser, or in relation to any other way(s) that You use the MotorCal Platform.

3.2 You must not use the MotorCal Platform for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to MotorCal or other Users. Your use of the MotorCal Platform must not, in any way whatsoever, be potentially or actually harmful to MotorCal or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by MotorCal. Without limiting any provision of this Agreement, any information You supply to MotorCal must be up to date and kept up to date, and any such information and any use of the MotorCal Platform and MotorCal Services must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve illegal conduct;
(c) infringe any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices or fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in MotorCal’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any MotorCal Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, bots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information, or access the MotorCal Platform or MotorCal Services;
(h) impose an unreasonable or disproportionately large use or access of the MotorCal Platform or MotorCal services

3.3 You grant to MotorCal an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted by You on the MotorCal Platform, for the purpose of including that material and information on the MotorCal Platform and as otherwise may be required to provide the MotorCal Service, for the general promotion of the MotorCal Service and as permitted by this Agreement. You unconditionally waive all moral rights (as defined in the Australian Copyright Act 1968) that You may have in respect of any content and information posted on the MotorCal Platform by You.

3.4 You must not use the MotorCal Platform or MotorCal Services to promote third-party websites, goods or services or deep-link the MotorCal Platform without MotorCal’s prior approval or for any purpose other than that set out in 1.1.

3.5 Your interactions with Organisers or other Users found on or through the MotorCal Services or the MotorCal Platform, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such User or Organiser. You should make whatever investigation You deem necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MotorCal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

3.6 You agree that If there is a dispute between Users using the MotorCal Services or MotorCal Platform, or between Users and any Third-Party, you agree that MotorCal is under no obligation to become involved. MotorCal does not offer or provide refunds to Users who have made purchases from other Users via the MotorCal Services or MotorCal Platform. Any refunds are the obligations of the provider of the goods or services, as agreed between customer and provider. In the event that You have a dispute with one or more other Users, You release MotorCal and our employees and agents from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or MotorCal Services or MotorCal Platform.

3.7 Where you provide Your contact details and elect to receive ‘push’ messages originating from MotorCal either via the Platform or on your mobile telephone, You agree to bear all associated costs imposed by your internet or telephone service provider.

4. THIRD-PARTY SERVICES

4.1 MotorCal may from time to time include on the MotorCal Platform promotions for and links to services offered by third parties, including Organisers (“Third-Party Services”). These Third-Party Services are not provided by MotorCal.

4.2 Third-Party Services are offered to You pursuant to terms and conditions offered by the Third-Party. Third-Party Services may be promoted on the MotorCal Platform as a convenience to our Users who may find the Third-Party Services of interest or of use.

4.3 If You engage with any Third-Party Service provider Your agreement will be directly between You and that Third-Party Service provider.

4.4 MotorCal makes no representation or warranty as to the Third-Party Services.

5. IDENTITY VERIFICATION, MATCHING & REVIEWS

5.1 MotorCal may include tools to help MotorCal Users to verify the identity or bona fides of other MotorCal Platform Users, or to match MotorCal Customers with potential Organisers who may be able to provide requested Event Information (“Identity Verification and Matching Services”). These tools may include mobile phone verification technology, algorithms, verification of payment information, a “Reviews” feature (allowing a User of the MotorCal Service to request other Users to post a reference on the MotorCal Platform endorsing that User), and integration with social networking sites such as Facebook, Twitter and LinkedIn.

5.2 You agree that Identity Verification and Matching Services may not be accurate as they are dependent on User-supplied information, and that MotorCal makes no warranty as to the accuracy of the Identity Verification Services, or the suitability of any MotorCal User or Organiser so matched. Identity Verification and Matching Services are provided for Your convenience only and are not recommendations by MotorCal.

5.3 The Identity Verification and Matching Services may be modified at any time.

6. FEES

6.1 The MotorCal Platform and MotorCal Services are made available in exchange for the price displayed, and in the currency quoted from time to time on the relevant App Store (“Price”). Users are solely responsible for any fees or charges levied by their financial institution.

6.2 Any change to the Price or fees and the terms applying to payments will be notified to you by sending a message to Your User Account, Your email address held on file, or by posting the information on the MotorCal website, and You will have an opportunity to accept or decline continued MotorCal Services at that time.

7. LIMITATION OF LIABILITY

7.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Term”), to the extent permitted by law MotorCal specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between MotorCal Customers and Organisers, or between MotorCal Users.

7.2 Except for liability in relation to a breach of any Non-excludable Term, to the extent permitted by law, MotorCal specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third-Party Service Provider who may be included from time to time on the MotorCal Platform.

7.3 Except for liability in relation to a breach of any Non-excludable Term, MotorCal’s liability to any User of this service is limited to the total amount of fees, if any, paid by that User to MotorCal during the twelve month period prior to any incident causing liability of MotorCal.

7.4 MotorCal’s liability to You for a breach of any Non-excludable Term (other than a Non-excludable Term that by law cannot be limited) is limited, at our option to supplying again or paying the cost of supplying again, the MotorCal goods or services in respect of which the breach occurred.

8. PRIVACY

8.1 MotorCal’s Privacy Policy, which is available at http://www.motorcal.com.au/privacy, applies to all Users and forms part of this Agreement. Use of the MotorCal Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with MotorCal’s Privacy Policy.

8.2 Third-Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third-Party You must review and agree to their terms of service including their privacy policy.

9. NO WARRANTY

9.1 Except for liability in relation to any Non-excludable Term, the MotorCal Platform and MotorCal Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful Third-Party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the MotorCal Platform, the MotorCal Services, or any related products (including Third-Party material and advertisements on the MotorCal Platform);
(c) costs incurred as a result of you using the MotorCal Platform or the MotorCal Services; and
(d) the services or operation in respect to hyperlinks which are provided for Your convenience.

10. VARIATIONS TO THE AGREEMENT

10.1 MotorCal may vary this Agreement from time to time. MotorCal will notify you of variations by sending a message to Your User Account, Your email address held on file, or by posting the information on the MotorCal website.

10.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 14 days after they are initially notified to You. Each time You use the MotorCal Platform in any manner after the expiry of that 14-day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm Your agreement to be bound by the Agreement as it may have been varied.

10.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate Your MotorCal account and stop using the MotorCal Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any MotorCal Policy cannot be amended except in writing signed by You and MotorCal.

11. NO AGENCY

11.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind MotorCal, its related entities or affiliates in any way whatsoever. MotorCal confirms that all Third-Party Services that may be promoted on the MotorCal service are provided solely by such Third-Party Service providers. To the extent permitted by law, MotorCal specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

11.2 Without limiting 11.1, each Organiser is an independent contractor and no agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement.

12. INDEMNITY

12.1 You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of this Agreement, including but without limitation, breaches of Your obligations under this Agreement, or any activity related to Your User Account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the MotorCal Platform using Your User Account.

12.2 If You are an Organiser, you further agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any Event or Event Information or any activity related to Your provision of any good or services in connection with this Agreement (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person providing the goods or services to a MotorCal Customer on your behalf.

12.3 If You are a MotorCal Customer, you further agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any activity in connection with this Agreement or the Event Information (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person receiving the goods or services from an Organiser on your behalf.

13. NOTICES

13.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to MotorCal’s contact address as displayed on the MotorCal Platform, or to Your contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the MotorCal Customer is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day” means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third-Party Service must be delivered to such Third-Party as set out in Third-Party Service Provider terms and conditions.

14. MEDIATION AND DISPUTE RESOLUTION

14.1 You must resolve disputes (including claims for returns or refunds) with other Users directly. You acknowledge and agree that MotorCal may, in its absolute discretion, provide such of Your information as it decides is appropriate, to other parties involved in the dispute.

14.2 If You have a complaint about the MotorCal Service please contact us at admin@motorcal.com.au

14.3 If MotorCal provides information of other MotorCal Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify MotorCal against any claims relating to any other use of information not permitted by this Agreement.

15. TERMINATION

15.1 Either party may terminate an account and this Agreement at any time for any reason.

15.2 Third-Party Services are subject to Third-Party Service provider terms and conditions.

15.3 Clauses 7, 9, 11, 12, and 14 and any other terms, which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

16. GENERAL

16.1 This Agreement is governed by the laws of Victoria, Australia. You and MotorCal submit to the exclusive jurisdiction of the courts of that State.

16.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

16.3 This Agreement sets out the entire understanding and agreement between You and MotorCal with respect to its subject matter.

Privacy Policy – Motorcal

1. We respect privacy

    1. MotorCal (ABN 37 794 080 392) (“We”, “Us”, Our”) respects the right to privacy and is committed to safeguarding the privacy of our customers and our website visitors. We adhere to the Australian Privacy Principles and other obligations contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat personal information.

    1. “Personal information” is information we hold which is identifiable as being about an individual.

    1. This policy governs our treatment of personal information, including information that we gather when you access or use any online service location that posts a link to this Privacy Policy and also applies to your use of our website, mobile software applications (“App”), and products and services (collectively, the “Services”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of information from our users, and we use this information for you to interact with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfil your requests for certain products and services, and to analyse how you use the Services. In certain cases, we may also share some personal information with third parties.

2. Collection of personal information

2.1. We will, from time to time, collect, receive and store personal information provided via the website, App or in the course of our Services, from you, provided to us directly or given to us in other forms.

2.2. You may provide basic information such as your name, phone number, address, and email address to us directly, to enable us to send information, provide updates and process a product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, or when you provide information about your personal or business affairs, change content or email preferences, respond to surveys and/or promotions or provide financial or credit card information.

2.3 You may have the option of registering an account and logging into or otherwise linking to that account using a third-party account such as Facebook, Google or other account provided by a third-party site or application. If you choose to provide or log into your account using your credentials for a third-party platform we may have access to certain information from that site, such as your name, contacts or friend’s lists, account information, public profile, and email address. Consequently, if you provide your third-party account credentials, you acknowledge that this information, as well as other information for that account (collectively, “Third-Party Account Information”) may be transmitted into your Motorcal account if you authorize such transmissions. You further acknowledge that Third-Party Account Information transmitted to us is governed by this Privacy Policy.

3. What kind of personal information do we collect?

3.1 The types of personal information we may collect include:

(a) identifying information such as name and date of birth;

(b) contact information such as home address, home and mobile phone numbers,

and email address;

(c) financial information;

(d) third party account credentials (such as social media and Google account

information);

(e) physical location;

(f) IP addresses;

(g) image; and

(h) membership in clubs and associations in connection with motorsports

3.2 You generally have the right not to identify yourself when dealing with us where it is lawful and practicable for us to allow it. However, on many occasions we will not be able to do this, and provide our Services to you.

4. How do we collect personal information?

4.1 We collect personal information in a variety of ways, including when you interact with us electronically, when you access our App, website or software applications and when we provide our Services. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. We collect information that you provide directly to us or via third parties.  For instance, during the registration process (or when you update your account) you provide us with personal information such as your first and last name, email address, telephone number, and at your option, your social media platform credentials.

4.2 Additionally, there may be instances where you find it necessary to communicate directly with us or where you have provided us with the means to communicate with you. For example, if you have given us your email address, we may send promotional email offers to you, notify you of any changes to the terms of services or Services, or email you about your use of the Services. Also, we may receive data when you open an email from us or use our Services, including your contacts information. You are, however, free to opt out of receiving email marketing communications from us by the available unsubscribe functionality. Please note, however, that you may be unable to opt out of some administrative communications that are reasonably necessary to the Services, such as an order confirmation or service notifications

5. Use of personal information

5.1 We may use personal information to provide you with information, updates, and our Services. We may also make you aware of new and additional products, services and opportunities available to you, provided by us, other users, partners, and service providers. We may use personal information to improve our products and services and better understand individual and customer needs on a de-identified and aggregated basis.

5.2 We may contact you by a variety of measures including, but not limited to telephone, email, sms, or mail.

5.3 We may also use your personal information to assist in the resolution of disputes between users of our services.

6. Disclosure of personal information

6.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, customers, users or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third-party when it is required for the delivery of our services, for dispute resolution or for marketing purposes.

6.2 We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

6.3 We may also use personal information to protect our copyright, trademarks, legal rights, property or safety, and that of our customers or third-parties.

6.4 If we provide personal information of other users to you for the purposes of resolving disputes, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify us against any claims relating to any other use of information not permitted by this policy.

6.5 Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. It is not practicable to list all the countries in which the information we collect may be located, but these may include the United States, the United Kingdom, India, and New Zealand.

6.6 If there is a proposed or actual change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

6.7 By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose personal information to third parties, we will request that the third party follow this Policy regarding handling of personal information.

6.8 Certain user profile information, including your username, phone number, location, and any image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in messages etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or products through the Services and other users can contact you through messages and comments.

7. Security of personal information

We are committed to ensuring that personal information provided to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. Although we take measures to safeguard against unauthorised disclosures of information, we cannot provide an assurance that in all cases personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

8. Access to personal information 8.1 You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you are seeking a copy of the information that we hold about you or you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may email us at admin@Motorcal.com

8.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

9. Complaints about privacy If you have any complaints about our privacy practices, addressed your concerns to:

admin@motorcal.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

10. Changes to Privacy Policy Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our App or website. Please check back from time to time to review our Privacy Policy.

11. Website

11.1 When a user visits our website www.motorcal.com, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how users use our site, such that we can improve our Services.

11.2 We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify users when a user comes back to the site and to store details about that user’s use of the site. Cookies are not malicious programs that access or damage a user’s computer. Most web browsers automatically accept cookies but a user can choose to reject cookies by changing the browser settings. However, this may prevent a user from taking full advantage of our website.

11.3 Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant advertising to website visitors through third parties.

11.4 When you access our Services via your mobile device or computer, we may automatically collect information about your device or computer, including unique device identifiers (e.g., IMEI number, serial number, etc.), operating system, hardware model, etc.

11.5 Our website may from time to time have links to other websites not owned or controlled by us, including other User’s websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites or any products or services offered or provided therein. Please be aware that We are not responsible for the privacy practises of such websites. We encourage users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.