Terms & Conditions


The Veloce Motori Pty. Ltd. application or its website found at whether Veloce Motori Pty. Ltd. through a mobile device, mobile application or computer is collectively referred to as the “Service”.

Terms of Use

  1. In these Terms of Use (Terms) ‘You’ and ‘Your’ refers to the person or persons that access and navigate the Service. Veloce Motori Pty. Ltd., ‘us’ and ‘we’ refers to Veloce Motori Pty. Ltd. (ACN Veloce Motori Pty. Ltd.) trading as Veloce Motori Pty. Ltd..

  2. Please read this agreement carefully – it contains terms of use that are binding on you in respect of your use of the Service. By continuing to use the Service, you accept these Terms in their entirety and agree to be bound by them.

  3. If you use another service on the website Veloce Motori Pty. Ltd. (Website) or accessed via the Website, you are subject to any agreements, rules and/or guidelines applicable to those services, and these agreements, rules and/or guidelines will be incorporated by reference within these Terms.

  4. Veloce Motori Pty. Ltd. grants you the right to access and use the Service for the following permitted purposes (Permitted Purposes):

  5. Veloce Motori Pty. Ltd..

  6. Your right to access the Service is non-exclusive, non-transferable, and limited to the Permitted Purposes described in these Terms, or otherwise specified in writing by Veloce Motori Pty. Ltd..

  7. Veloce Motori Pty. Ltd. may revoke or cancel your right of access at any time if you fail to comply with these Terms.

The Veloce Motori Pty. Ltd.'s Service

  1. The Website and the Services are provided to you on an "AS IS" basis. You agree that Veloce Motori Pty. Ltd. reserves the right to modify or discontinue provision of this Website and the Services, and to remove the data you may provide, either temporarily or permanently, at any time, without notice to you and without any liability.

  2. Veloce Motori Pty. Ltd. will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Modification

  1. These Terms may be varied, replaced or removed at the discretion of Veloce Motori Pty. Ltd. without further notice to you. If these Terms are varied, replaced or removed you will be notified through the Services’ notification system.

  2. It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the Service. You agree and acknowledge that your continued use of the Service will amount to renewed acceptance of these Terms as varied, replaced or removed and agree to be bound by them on each occasion that you access the Service.

Account Registration

  1. In order to access some or all of the features of the Service, you may be required to create an account with password access.

  2. It is your responsibility to choose a suitably secure password and store your password safely. Veloce Motori Pty. Ltd. is not liable for any loss resulting from any failure by you to secure your password details.

  3. You agree to provide truthful information when creating an account or when otherwise requested.

Account Registration

  1. In order to access some or all of the features of the Service, you may be required to create an account with password access.

  2. It is your responsibility to choose a suitably secure password and store your password safely. Veloce Motori Pty. Ltd. is not liable for any loss resulting from any failure by you to secure your password details.

  3. You agree to provide truthful information when creating an account or when otherwise requested.

Privacy & Security

  1. Privacy: Your use of the Service is governed by the Privacy Policy. You agree to be bound by the Privacy Policy as a condition of your right of access to the Service. You should read the Privacy Policy carefully as it applies to personal information that you provide through your use of the Service, and contains binding terms in respect of your disclosure of personal information. By continuing to use the Service you accept the Privacy Policy and agree to be bound by the Privacy Policy where applicable.

  2. Security: You acknowledge that it is your responsibility to keep your user account and login details (including any password protected access details) secure and indemnify Veloce Motori Pty. Ltd. against any claim or loss (including consequential or incidental loss or claim of breach of any privacy laws) of any kind in respect of any unauthorised access to the Service and your personal information. You must immediately notify Veloce Motori Pty. Ltd. of any unauthorised use of your account or any other breach of security.

Intellectual Property

  1. General: title to, and all Intellectual Property Rights in the Service, the underlying software and code of the Service and any documentation relating to the Service, including all content, trademarks, trade names and service marks, remain the property of Veloce Motori Pty. Ltd..

  2. Ownership of Data: title to, and all Intellectual Property Rights in, the Data remain your property. You grant Veloce Motori Pty. Ltd. a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service.

  3. Backup of Data: it is your responsibility to maintain copies of all Data inputted into the Website or any app. Veloce Motori Pty. Ltd. expressly disclaims all liability for any loss or damage caused in relation to Data, however caused, and you agree to indemnify Veloce Motori Pty. Ltd. in relation to the same.

  4. Veloce Motori Pty. Ltd. authorise you to view portions of its content for offline, personal, non-commercial use.

  5. Our content may not be sold, reproduced, or distributed without our written permission.

  6. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Acceptable User Conduct Policy

  1. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

  2. Use for Permitted Purposes Only - you agree to only use the Service for the Permitted Purposes. You agree that you will not:

    1. use the Service except in your personal capacity;

    2. use the Service for any purpose that is improper, unlawful, or to post, share or transmit any material that:

      1. is defamatory, offensive, obscene or otherwise objectionable;

      2. is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights;

      3. is posted, shared or transmitted for the purpose of advertising or promoting goods or services (either your own goods or services or the goods or services of any third party) without the prior consent of Veloce Motori Pty. Ltd.; or

      4. is misleading or misrepresentative as to your identity or which in any way suggests that you represent, are sponsored by, affiliated or connected with Veloce Motori Pty. Ltd.;

    3. provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

    4. impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

    5. collect or harvest any information from this web site;

    6. provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce; you will not use the Website to promote or operate any service or content without the site editor's prior written consent;

    7. provide any content that may give rise to the Veloce Motori Pty. Ltd. being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets;

    8. use the Service except for legitimate private use or in any manner which may cause damage or cause any claim to be made against Veloce Motori Pty. Ltd.;

    9. disassemble, reverse engineer or otherwise decompile the Service or derive or create any software, applications, updates, code, mobile applications or hardware from the Service or information available on the Service, without the prior written consent of Veloce Motori Pty. Ltd.;

    10. copy, distribute and/or communicate the Service in any way that would infringe on Veloce Motori Pty. Ltd. ‘s Intellectual Property Rights;

    11. attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Service in any way;

    12. attempt to upload any malicious software to the Service, to any other user of the Service, or to any third party that hosts any element of the Service, or provides any part of the Service, including Trojan Horses, time bombs, worms, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes;

    13. use the Service in connection with any commercial endeavours whatsoever, including advertising or soliciting any other user to buy or sell any goods and/or services.

  3. Use subject to third party terms and conditions: some elements of the Service may interface with external third party websites and resources. You agree that the Service may access, utilise and/or exchange your personal information with external third party providers, and that you agree to act in accordance with the terms and conditions of use of those third parties servers, in addition to these Terms.

    You acknowledge and agree that Veloce Motori Pty. Ltd. is not responsible or liable for any content or information from such websites or resources. Your correspondence and business dealings with third parties located through the use of the Service, including payment and delivery of related goods or services are solely between you and such third party. You further acknowledge and agree that Veloce Motori Pty. Ltd. shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.

  4. Usage Limitations: Use of the Service may be subject to limitations imposed by Veloce Motori Pty. Ltd. for any reason. You agree and acknowledge that Veloce Motori Pty. Ltd. may, in its absolute discretion, limit or terminate your right of access to use the Service for any reason, and at any time.

  5. Indemnity: You indemnify Veloce Motori Pty. Ltd. against: all claims, costs, damage and loss arising from your use of the Service or for any breach of these Terms or any obligation you may have to Veloce Motori Pty. Ltd., including (but not limited to) any costs relating to the recovery of costs by Veloce Motori Pty. Ltd. from you.

Submission of Content

  1. By providing any content to this Website:

    1. you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

    2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section; and

    3. you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Third-party Services

  1. Goods and services of third parties may be advertised and/or may be made available on or through the Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Veloce Motori Pty. Ltd. will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Indemnification

  1. You agree to indemnify and hold harmless the Veloce Motori Pty. Ltd. and the Veloce Motori Pty. Ltd. 's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Website or Service, your provision of content, your violation of these Terms, or any other violation by you of the rights of another person or party.

Warranties & Acknowledgements

  1. Authority: You warrant that you are lawfully authorised to enter into these Terms, and where you have registered to use the Service with the permission and supervision of a legal guardian, your legal guardian consents to these Terms on your behalf.

  2. Acknowledgement: You acknowledge that:

    1. your use of the Website, the Service and of any services or content provided is at your own risk. Services and content are provided to you "as is", and Veloce Motori Pty. Ltd. expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement;

    2. You are authorised to use the Service and to access the information and Data that you input via the Service. You also acknowledge that you are authorised to access information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).

    3. To the extent permitted by law, Veloce Motori Pty. Ltd. has no responsibility to any third party under these Terms and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use the Service on behalf of or for the benefit of any other person (whether a body corporate or otherwise) you agree that:

      1. You are responsible for ensuring that you have the right to do so;

      2. You are responsible for authorising any person who is given access to information or Data, and you agree that Veloce Motori Pty. Ltd. has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests from any third person to access information or Data to you; and

      3. To the extent permitted by law, you will indemnify Veloce Motori Pty. Ltd. against any claims or loss relating to Veloce Motori Pty. Ltd.’s refusal or grant of access to any person, denying or permitting access to information or Data in accordance with these Terms.

    4. You use the Service entirely at your own risk;

    5. Veloce Motori Pty. Ltd. does not take steps to verify the personal information provided to it by you or by other users.

    6. Your right to access and use the Service is granted on an “as is” basis and at your own risk.

    7. that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that the site editor will not be held liable in any way.

    8. Veloce Motori Pty. Ltd. is not liable for, and does not provide you with any advice.

    9. Any guidance and/or recommendation made by Veloce Motori Pty. Ltd. is provided generally and Veloce Motori Pty. Ltd. has no liability whatsoever for any such guidance or recommendation.

    10. You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to Data via the Service will comply with laws applicable to you (including any laws requiring you to retain records).

  3. No warranties: Veloce Motori Pty. Ltd. gives no warranties about the Service.

    1. Without limiting the foregoing, Veloce Motori Pty. Ltd. does not warrant that:

    2. the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement; or

    3. Veloce Motori Pty. Ltd. will verify or take any steps (other than such reasonable steps specified in the Privacy Policy) to secure or verify any information published to or on the Service by you or any third party, including personal information.

  4. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

Limitation of Liability

  1. To the maximum extent permitted by law, Veloce Motori Pty. Ltd. excludes all liability and responsibility to you or any other person, including but not limited to any loss or damage whatsoever:

    1. in contract, tort (including negligence), or otherwise, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service;

    2. arising in connection with the conduct of any other user of the Service, including through communications on the Service, during games arranged using the Service or arising at any other time whatsoever;

    3. resulting from your reliance on any other user’s profile and disclosed personal information.

  2. You agree that any claim for loss or damage suffered as a result of Veloce Motori Pty. Ltd.’s negligence or failure to comply with these Terms, will be limited to amounts paid by you to Veloce Motori Pty. Ltd. (if any) to acquire access to the Service.

  3. Veloce Motori Pty. Ltd. is not responsible for the conduct of any user and in no event shall Veloce Motori Pty. Ltd., its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or when meeting in person.

  4. You agree to indemnify Veloce Motori Pty. Ltd., its agents, officers and employees free from any liability or responsibility whatsoever, made by any third party, arising or allegedly arising out of your use of the Service, including but not limited to claims in relation to you providing any false or misleading personal information or your making of a false, misleading or inaccurate profile. If you are not satisfied with the Service, you agree that your sole and exclusive remedy is to terminate your use of the Service.

Reservation of Rights

  1. Veloce Motori Pty. Ltd.reserves all of the Veloce Motori Pty. Ltd.'s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the Veloce Motori Pty. Ltd.'s rights and property requires the Veloce Motori Pty. Ltd.'s prior written consent. By making services available to you, the Veloce Motori Pty. Ltd. is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site

Termination of Agreement

  1. These Terms will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

  2. Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.

  3. These Terms will survive termination or suspension of your account and continue in full force and effect, except for any Term which expires by its nature.

General

  1. Entire agreement: These Terms, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Veloce Motori Pty. Ltd. relating to the Service and the other matters dealt with in these Terms.

  2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

  3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

  4. No Assignment: You may not assign or transfer any rights to any other person without Veloce Motori Pty. Ltd.’s prior written consent.

  5. Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts. In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable.

  6. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties.

  7. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission.

    1. Notices to Veloce Motori Pty. Ltd. must be sent to: Veloce Motori Pty. Ltd. or to any other address notified to you by Veloce Motori Pty. Ltd..

    2. Notices to you will be sent to the email address which you provided when setting up your access to the Service.

  8. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any of these Terms.

  9. Claims: You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.

Definitions

  1. In these Terms, the following words have the following meanings unless stated otherwise:

    1. Confidential Information” means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature, and includes any personal information about any third party other than personal information disclosed by that party voluntarily through their use of the Service (but for the avoidance of doubt excludes any personal information of a user voluntarily disclosed by their use of the Service).;

    2. Intellectual Property Rights” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration;

    3. Privacy Policy” means the Veloce Motori Pty. Ltd. Privacy Policy, accessible from the Service;

    4. Service” means the Veloce Motori Pty. Ltd. application or its website found at Veloce Motori Pty. Ltd., whether through a mobile device, mobile application or computer.

    5. Terms” means these Terms of Use;

Licence Requirements

The Licensee shall ensure that the website imprint of the Licensee Publication shall contain the following notice in English and the Local Language:

“This website contains content that is published under license from Octane with the permission of Dennis Publishing Limited. All rights in this material belong to Octane and Dennis Publishing Limited absolutely and may not be reproduced, whether in whole or in part, without its prior written consent"