i-Motor- Website Terms of Use

i-Motor Pty Ltd (ABN 96 133 242 798) (“i-Motor”) operates the website i-motor.com.au (“i-Motor Website”). By accessing or using the i-Motor Website, you agree to be bound by the following terms of use (and the other terms and conditions and policies referred to in these terms of use) as amended from time to time.

The services provided by i-Motor may be subject to service specific terms which will be separately provided to you where applicable, including terms of service as set out in a letter of appointment. Such service terms take priority over these terms of use to the extent of any inconsistency.

1. About the i-Motor Website

1. i-Motor publishes or makes available on the i-Motor Website information, product and service offers, links and other content supplied by i-Motor and third parties (Material).
2. To the extent permitted by law, i-Motor does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on the i-Motor Website or on any web site that links from the i-Motor Website including third party display advertisements.

2. Restrictions on use of i-Motor Website

1. Except for the Material held in your computer's cache or a single permanent copy of the Material for your personal use, you must not without the prior written approval of i-Motor (such approval not to be unreasonably withheld):
1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material published on the i-Motor Website to create any web site or publication or searchable database;
3. mirror or frame any web site or page within the i-Motor Website;
4. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the i-Motor Website or generate or compile any document, index or database based on the Material published on the i-Motor Website;
5. transfer or sell any information, functionality or products or services offered on the i-Motor Website; or
6. undertake any other action which is in violation of these terms of use (or other terms and conditions and policies referred to in these terms of use) or any applicable law.
2. If i-Motor reasonably considers that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these terms of use then i-Motor may immediately terminate your right to access and use the i-Motor Website and reserves its rights to take any action it deems reasonably necessary or desirable to prevent such repeated action and / or further access to the i-Motor Website.

3. i-Motor's Liability to You is Limited

1. Other than as set out in this clause, and to the full extent permitted by law, all implied guarantees and warranties in respect of any goods or services provided by i-Motor are hereby excluded. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy conferred on you by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted or modified.
2. To the full extent permitted by the law, i-Motor will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, to the full extent permitted by law, any such liability of i-Motor is limited to the greater of (i) the fees paid by you to i-Motor for the relevant goods or services in the 12 months immediately preceding the claim or (ii) $1000.
3. To the full extent permitted by law, i-Motor will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
4. For the purposes of this section, the term i-Motor will mean i-Motor, its related bodies corporate and each of their officers, employees, contractors and agents, whether individually or collectively.
5. You agree to indemnify i-Motor against any liability, loss, claim or demand if i-Motor (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms of use except to the extent such loss or damage is caused by i-Motor's own acts or omissions.
6. This clause survives expiry or termination of these terms of use.

4. Copyright, Trademarks and Licence

1. Material on the i-Motor Website is © i-Motor Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms of use are reserved by i-Motor. Unless otherwise indicated on the i-Motor Website, the Material is owned by or licensed to i-Motor and is subject to copyright.
2. In consideration of i-Motor allowing you to access and use the i-Motor Website you grant to i-Motor a non-exclusive, payment-free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit to i-Motor (subject to the i-Motor Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify i-Motor, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. To the extent permitted by law, you waive any moral rights you may have in relation to the material.

5. I-Motor and Your Privacy

By using the i-Motor Website, you agree to the i-Motor Privacy Policy available at www.i-motor.com.au/privacy-policy which sets out how i-Motor collects, uses and discloses your personal information.

6. What Law Governs these Terms of Use?

These terms of use are governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts in that State.

7. i-Motor may Change These Terms of Use

1. i-Motor may at any time modify or amend these terms of use by publishing them on the i-Motor Website. Modifications of these terms take effect once displayed on this website, however, will only apply to your use of the i-Motor Website after that date and will not affect any accrued rights or obligations under the prior terms and conditions.
2. i-Motor may, acting reasonably cease to provide you with access to the i-Motor Website without notice.
3. All rights not expressly granted are reserved by i-Motor.

8. Contact i-Motor

If you have a question, problem or complaint, contact us at:

Phone: (03) 9964 8100

Email - complaints / questions: enq@i-motor.com.au

Version 3 (November 2023)