1 About this website
(a) The Automotive Technical Information or ‘oemtech.com.au On Line’ website and its sub-domains are owned and operated by or on behalf of the Victorian Automobile Chamber of Commerce (VACC) (“VACC”, “we”, “our” or “us”) under the domain name ‘oemtech.com.au’ (“Website”). The terms “you” and “your” means you, the customer or user of this Website.
(b) The Website has been established as an industry initiative for the purpose of assisting vehicle repairers in gaining access to vehicle technical information prepared by vehicle manufacturers. In particular, this industry initiative seeks to facilitate access to repair, service and crash repair information so that, where possible, a vehicle can be repaired in a manner that complies with the vehicle manufacturer’s recommended guidelines.
(c) Your use of the information, graphics, text, software and materials on or accessible via the Website, including vehicle technical information hosted on the Website (“Content”) is governed by these Terms of Use, and by using this Website you agree to be bound by these Terms of Use.
(d) In addition to the provisions of these Terms of Use, there may be specific and additional terms that apply to certain sections of this Website, and your use and access to certain Content accessible via this Website. This includes any specific and additional terms applicable to vehicle technical information provided by a particular vehicle manufacturer. Because those specific and additional provisions also apply to your use of those sections, and access and use to that Content, you must review and agree to comply with them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail to the extent of the inconsistency.
2 Vehicle Technical Information
2.1 Available vehicle technical information
(a) Subject to payment of any applicable access fees, the Website may provide access to certain vehicle technical information provided by participating third party motor vehicle manufacturers, importers and distributors.
(b) The level and depth of information provided may vary from motor vehicle manufacturer to motor vehicle manufacturer, and not all vehicle manufacturers, importers or distributors are participants in this industry initiative.
(c) Where vehicle technical information for a vehicle manufacturer is not available directly from this Website, the Website may provide a link to the relevant motor vehicle manufacturer’s (or importer’s or distributor’s) website where that information may be available. You will not be charged by us for using such links. Clause 2.4 of these Terms of Use applies to such links.
2.2 Vehicle technical information may change
(a) The vehicle technical information (including all specifications, procedures, features, illustrations, equipment and other information) accessible via this Website is based on information provided by the applicable vehicle manufacturer, importer or distributor. The vehicle technical information is subject to change without notice.
(b) We do not verify any vehicle technical information provided by manufacturers, importers or distributors that is made available on this Website. Where we are notified by a vehicle manufacturer, importer or distributor of any inaccuracies in the vehicle technical information, we will use our reasonable endeavours to amend the relevant information, as soon as reasonably practical, in accordance with the direction of the vehicle manufacturer, importer or distributor.
2.3 Links to other websites and third party material
(a) The Website may contain links to other websites which are owned or operated by third parties independent of us, including websites of motor vehicle manufacturers, importers or distributors (“Third Party Websites”). We do not sponsor, endorse or approve of the operators or content of any Third Party Websites, or material (including services, information, graphics or data) that is located on such Third Party Websites (“Third Party Material”).
(b) Subject to any applicable law which cannot be excluded, we make no warranties or representations:
(i) regarding the quality, accuracy, merchantability or fitness for purpose of any Third Party Websites, Third Party Material, or any products or services offered by third parties; or
(ii) that the Third Party Material or Third Party Websites do not infringe the intellectual property rights of any person.
(c) We are not authorising the reproduction of Third Party Material by linking to Third Party Websites.
(d) The Website may direct you to other terms and conditions that are applicable to Third Party Websites and their associated products and services. Those terms may need to be accepted in order to access the products and services available on the Third Party Websites. It is your responsibility to ensure you read and agree with all terms applicable to your access and use of products and services provided on the Third Party Website.
2.4 Use of vehicle technical information
(a) The technical information hosted on the Website is designed for use by automotive repair professionals who have the skills, knowledge and tools necessary to carry out servicing and repair of motor vehicles.
(b) Subject to payment of applicable access fees, and where not directed otherwise by the proprietary owners of the information we grant you a non-exclusive, non-transferable, non-sub-licensable right to access, download and print the vehicle technical information hosted on the Website for your use in relation to the servicing and repair of motor vehicles. You must not:
(i) use the vehicle technical information for any purpose other than in relation to the servicing and repair by you of motor vehicles;
(ii) sell, resell, or offer for sale or resale, the vehicle technical information; or
(iii) delete or change any copyright, trade mark, or other proprietary notices on the vehicle technical information.
(c) You should read the vehicle technical information, and all limitations and conditions on such information, completely and thoroughly before servicing or repairing a vehicle using or relying on the vehicle technical information.
(d) Use of the vehicle technical information is at your risk. You understand that there are risks (both to persons and property) involved in using, repairing and servicing motor vehicles. We take no responsibility, and accept no risk for your acts or omissions, whether in reliance on information obtained from this Website or otherwise.
3 Availability of the Website
(a) As electronic services are subject to interruption or breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.
(b) We may impose limits or restrictions on the use you may make of the Website. We may change or withdraw or remove the Website, functionality or services at any time and without notice to you.
(c) The Website may also be unavailable from time to time due to scheduled maintenance.
4 Access, fees and payment
4.1 User account
(a) The Website may contain links to other websites which are owned or operated by third parties independent of us, including websites of motor vehicle manufacturers, importers or distributors (“Third Party Websites”). In order to access these websites you may be required to establish a user account on these websites, with a Third Party and log-in. In order to create a user account and/or log-in, you must select a username and password, and provide certain details about yourself to us (such as your email address), as requested by us on the log-in, registration and/or authentication pages of the Website.
(b) You are responsible for keeping your account details and log-in details (user name and password combination) confidential.
(c) Your user account is for access by you only, and is not a group account. You must not provide your log-in details to any other person, and must not allow any other person to use your account.
(d) You accept responsibility for all activities that occur with your account. You should take all necessary steps to ensure that your account is kept secure and should contact us immediately if you believe someone else has access to your account.
(e) You must not use the Website to access or modify the details of another person without their authority.
(f) Your usage of the Website will be monitored to track Website and user activity. We reserve the right to suspend or terminate a user account at our absolute discretion.
4.2 Access fees
(a) The Website offers you time based access to vehicle technical information. We may offer one or more time period options for purchase at our discretion.
(b) Where vehicle technical information for a vehicle manufacturer is not available directly from this website, the website may provide a link to the relevant motor vehicle manufacturers (or importer’s or distributor’s) website. You will not be charged by us for using such links, however access fees may be payable to “Third Parties”
(c) Access fees will be stated at the time of purchase. Unless otherwise stated, all access fees are quoted in Australian dollars.
(d) Payment of access fees allows personal access, via your user account and log-in, to the vehicle technical information made available on the Website for the paid up period of time.
(e) Access commences from the time that you make payment and runs continuously until the purchased time period expires (whether you remain logged into the Website or not).
(f) Subject to reasonable use, and your compliance with all other conditions of these Terms of Use, you may access any vehicle technical information made available on the Website during the time period paid for.
(g) We may modify the time periods offered, or applicable access fees, at any time at our sole discretion by posting the changes on the Website. Any change to the access fee policy is effective from your next purchase. We may choose to have promotional events from time to time and this may result in a temporary change to our usual access fees. These changes will be posted on the Website.
4.3 Orders for access and payment
(a) By placing any order for access in the manner described on the Website, you make an offer to purchase a period of access for the price specified on the Website at the time you place the order (“Offer”). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the Content or Website, an error in the price or the Content description posted on the Website, or an error in your Offer.
(b) You must pay to us the price for access that is displayed on our Website at the time you place an Order. All payments must be made in full by clear funds at the time of purchase.
(c) Unless provided for otherwise, all payments are to be made by selected credit cards. You will therefore be required to provide us with details of your current and valid credit card, including:
(i) Credit card type;
(ii) Name on credit card;
(iii) Credit card number;
(iv) CVN number; and
(v) Expiry date.
(d) The provision of payment processing or other services offered on this Website may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use in accessing such services.
(e) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where your credit card or user account is fraudulently used or is used in an unauthorised manner.
5 Termination and suspension
(a) We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed.
(b) All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
6 Warranties
(a) Subject to any applicable law which cannot be excluded, all Content made available through the Website is provided on an ‘as is’ basis and without guarantees or warranties of any kind, either express or implied. In particular, we do not guarantee or warrant the quality, accuracy, adequacy or completeness of Content on or accessible via the Website, nor do we accept any responsibility arising in any way from errors or omissions.
(b) You acknowledge that Content hosted on the Website may have been prepared and provided by a third party. In particular, Vehicle technical information has been prepared and provided by the vehicle manufacturer, not us. We have not verified, and are not in a position to verify, any of the vehicle technical information.
(c) All terms implied by law, except those that cannot be lawfully excluded, are excluded.
(d) All Content is subject to change without notice.
(e) We do not warrant that this Website or any linked websites will be free from viruses or defects.
7 Limitation of Liability
(a) Subject to any responsibilities implied by law and which cannot be excluded, VACC, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on or accessible via this Website, to any subscriptions ordered through this Website, to any material on linked websites, or to access or use of the Website or Content by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
(b) If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
(i) resupplying goods or services to you or supplying equivalent goods;
(ii) repairing the goods; or
(iii) paying the cost of having the goods or services resupplied or goods repaired.
(c) Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
8 Indemnity
You indemnify us in respect of any liability incurred or suffered by us for any loss or damage, howsoever caused, as a result of your breach of these Website Terms of Use, your use of the Website, or your use or access to the Content.
9 Copyright and trade marks
(a) All Content on and accessible via this Website, including all text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software and scripts, is owned or licensed by us, and is protected by Australian and international copyright laws. The compilation of all content on this site is our exclusive property and protected by Australian and international copyright laws.
(b) You may not reproduce, store (for any period of time), redistribute, modify, adapt, update to a third party location, frame, perform or display in public, transmit or otherwise reuse in any form by any process, any of the Content of this Website at any time except:
(i) as expressly permitted under these Website Terms of Use;
(ii) where necessary for and incidental to personally viewing the material on this Website via your web browser; or
(iii) as permitted under the Copyright Act 1968 (Cth) or other applicable laws.
(c) The VACC mark, the VACC logo and the oemtechnical mark are all our trademarks.
(d) All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
10 Use of the Website
(a) You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.
(b) You agree that you will not, (either yourself or through any third party):
(i) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Website, or any of the Content contained within or accessible through the Website, without our prior written permission;
(ii) use any Automated Process to aggregate or combine Content contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
(iii) use any Content on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain, except in the repair or servicing by you of motor vehicles;
(iv) use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website; or
(vi) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website.
11 Privacy
(a) To access certain Content or some features of the Website you must provide personal information, including to create a user account, log-in or to pay access fees. The types of personal information that may be collected include:
(i) your name;
(ii) your email address; and
(iii) your credit card information.
(b) Your privacy is very important to us. The collection and use by us of personal information provided by you is subject to our Privacy Policy [link]. Please read our Privacy Policy in full.
12 Acceptance and Changes to these Terms of Use
(a) We may at any time vary these Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the Content, services or functionality on or of the Website, by publishing the varied Website Terms of Use on the Website.
(b) We will indicate on the Website that these Terms of Use have changed; however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, we have provided you with sufficient notice of the variation.
(c) By using or accessing the Website after any variation, you are taken to have accepted the new Terms of Use.
13 General
(a) The law applicable to the Website, these Terms of Use, and to disputes arising out of the Website or these Terms of Use, is the law of the State of Victoria, Australia.
(b) Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
(c) You may not rely on the words or conduct of us as a waiver of any right unless the waiver is in writing. In this paragraph, “conduct” includes delay in the exercise of any right. “Right” means any right that we have arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. “Waiver” includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
By closing this box you agree to the terms.