TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Butlercorp Pty Ltd which is an Australian owned company, concerning your access to and use of the fixmylamborghini.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these terms of conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the site and you must discontinue use immediately.
SUPPLEMENTAL TERMS
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Site after the date such revised terms and conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
AGE RESTRICTION
This Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
USER GENERATED CONTRIBUTION
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these terms and conditions.
3. You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and
these terms and conditions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous,
or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under
the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these
terms and conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these terms and conditions and may result in, among
other things, termination or suspension of your rights to use the Site.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms and conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
IDENTITY VERIFICATION
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Fixmylamborghini.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners and you acknowledge that by accepting the terms of this Agreement, you are releasing and disclaiming Fixmylamborghini.com from any and all liability for identity theft and/or related acts of third parties involving your use of this Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
RELEASE
Because we are a venue, in the event that you have a dispute with one or more users resulting from any involvement whatsoever with this Site, you release Fixmylamborghini.com from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
INFORMATION CONTROL
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Additionally, there may also be risks dealing with accessing links posted to the Site, as well as international trade and foreign nationals. By using this Site, you agree to accept such risks and Fixmylamborghini.com is not responsible for the acts or omissions of users on the Site.
FRAUD
Without limiting any other remedies, Fixmylamborghini.com may suspend or terminate your account without notice if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
DENIAL OF SERVICE
Fixmylamborghini.com reserves the right to deny services to any person or entity. We reserve the right to invalidate, delete, and remove accounts and items at any time, and without notice, in the event of fraudulent activities by a user.
COPYRIGHT INFRINGEMENT
Fixmylamborghini.com works to ensure that listed items do not infringe upon the copyright, trademark, or other rights of third parties. Where applicable, rights owners can report listings offering infringing items, and request that such items be removed. Fixmylamborghini.com will investigate such reports, but by investigating and/or acting on such reports, does not assume any liability for such investigation or action.
YOUR INFORMATION
Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing, or transaction process, in any public area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You are responsible for maintaining the confidentiality and integrity of Your Information, and your username and password used in connection with this Site. Accordingly, you agree that you will be solely responsible to Fixmylamborghini.com for all activities that occur under your password when used in connection with the Site. If you become aware of any unauthorised use of Your Information, you agree to notify Fixmylamborghini.com immediately in writing.
LICENSE
Solely to enable Fixmylamborghini.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Fixmylamborghini.com will only use Your Information in accordance with our Privacy Policy.
PROPRIETARY RIGHTS
You acknowledge and agree that Fixmylamborghini.com (or Fixmylamborghini.com’s licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Site. Unless you have been expressly authorised to do so in writing by Fixmylamborghini.com, you agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Fixmylamborghini.com, in writing.
FEES
Fixmylamborghini.com may charge a fee to post content or for other features, products, services, or licenses. You are responsible to Fixmylamborghini.com for any fees applicable to content that you post or other features, products, services, or licenses you purchase or that are purchased through your account. You authorise Fixmylamborghini.com, or its designated payment processor, to charge your specified credit card, debit card, or other payment method for such fees. Unless otherwise specified, all fees are in United States of America dollars and all charges will be made in United States of America dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by Fixmylamborghini.com or by community flagging. The user may not cancel payments and purchases, except as required by law. However, Fixmylamborghini.com reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorise a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Fixmylamborghini.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
TERMINATION/SUSPENSION OF USE
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; (d) any activity we deem not to be in compliance with the intended use of the site; or (e) any reason we deem to be in the best interest of the Site.
PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Australia that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way, please do not use our services.
NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
INDEMNITY
You agree to indemnify and hold Fixmylamborghini.com, its subsidiaries, officers, directors, employees and agents harmless from any claim or demand, including reimbursement of reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Site, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
NO AGENCY
You and Fixmylamborghini.com are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
NOTICES
Except as explicitly stated otherwise, any notices should be given to info@fixmylamborghini.com (in the case of Fixmylamborghini.com) or to the email address you provide to Fixmylamborghini.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fixmylamborghini.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Fixmylamborghini.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
However, should informal resolution fail, except in matters involving injunctive relief, all disputes concerning this Agreement shall be resolved by neutral arbitration. The parties agree to abide by the decision of such arbitration. There shall be no appeal from any decision of the arbitrator(s) other than for fraud and misconduct. The decision of the arbitration shall be in writing. The decision of the arbitrator(s) may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom the decision is rendered or its property as a basis of judgment and the issuance of execution for collection of any monetary award contained in the decision.
BY EXECUTING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE CONCERNING THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, YOU ARE GIVING UP YOUR JUDICIAL RIGHT TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO SUBMIT DISPUTES CONCERNING THIS AGREEMENT TO NEUTRAL ARBITRATION.
Notwithstanding the above, with respect to any right or obligation for which there would exist as a matter of law a right to injunctive or similar equitable relief predicated upon a showing of irreparable injury, such matter (including the related legal claim) may be submitted to any court of competent jurisdiction in Australia. You and Fixmylamborghini.com agree to submit to the personal jurisdiction of the courts located Australia.
GENERAL
This Agreement shall be governed in all respects by the laws of Australia. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Fixmylamborghini.com in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections entitled Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement. Fixmylamborghini.com reserves the right to alter this document at any time.
ATTORNEYS' FEES
If Fixmylamborghini.com commences an action, arbitration, or takes any other steps to enforce the terms of this Agreement or for breach by you of any of the terms of this Agreement, and then Fixmylamborghini.com shall be entitled to receive its reasonable attorneys' fees and other costs and expenses incurred in connection with the prosecution or defence of such action.
CONTACT US
Any questions about these Terms should be directed to us at: info@fixmylamborghini.com
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Butlercorp Pty Ltd which is an Australian owned company, concerning your access to and use of the fixmylamborghini.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these terms of conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the site and you must discontinue use immediately.
SUPPLEMENTAL TERMS
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Site after the date such revised terms and conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
AGE RESTRICTION
This Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
USER GENERATED CONTRIBUTION
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these terms and conditions.
3. You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and
these terms and conditions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous,
or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under
the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these
terms and conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these terms and conditions and may result in, among
other things, termination or suspension of your rights to use the Site.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms and conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
IDENTITY VERIFICATION
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Fixmylamborghini.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners and you acknowledge that by accepting the terms of this Agreement, you are releasing and disclaiming Fixmylamborghini.com from any and all liability for identity theft and/or related acts of third parties involving your use of this Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
RELEASE
Because we are a venue, in the event that you have a dispute with one or more users resulting from any involvement whatsoever with this Site, you release Fixmylamborghini.com from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
INFORMATION CONTROL
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Additionally, there may also be risks dealing with accessing links posted to the Site, as well as international trade and foreign nationals. By using this Site, you agree to accept such risks and Fixmylamborghini.com is not responsible for the acts or omissions of users on the Site.
FRAUD
Without limiting any other remedies, Fixmylamborghini.com may suspend or terminate your account without notice if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
DENIAL OF SERVICE
Fixmylamborghini.com reserves the right to deny services to any person or entity. We reserve the right to invalidate, delete, and remove accounts and items at any time, and without notice, in the event of fraudulent activities by a user.
COPYRIGHT INFRINGEMENT
Fixmylamborghini.com works to ensure that listed items do not infringe upon the copyright, trademark, or other rights of third parties. Where applicable, rights owners can report listings offering infringing items, and request that such items be removed. Fixmylamborghini.com will investigate such reports, but by investigating and/or acting on such reports, does not assume any liability for such investigation or action.
YOUR INFORMATION
Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing, or transaction process, in any public area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You are responsible for maintaining the confidentiality and integrity of Your Information, and your username and password used in connection with this Site. Accordingly, you agree that you will be solely responsible to Fixmylamborghini.com for all activities that occur under your password when used in connection with the Site. If you become aware of any unauthorised use of Your Information, you agree to notify Fixmylamborghini.com immediately in writing.
LICENSE
Solely to enable Fixmylamborghini.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Fixmylamborghini.com will only use Your Information in accordance with our Privacy Policy.
PROPRIETARY RIGHTS
You acknowledge and agree that Fixmylamborghini.com (or Fixmylamborghini.com’s licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Site. Unless you have been expressly authorised to do so in writing by Fixmylamborghini.com, you agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Fixmylamborghini.com, in writing.
FEES
Fixmylamborghini.com may charge a fee to post content or for other features, products, services, or licenses. You are responsible to Fixmylamborghini.com for any fees applicable to content that you post or other features, products, services, or licenses you purchase or that are purchased through your account. You authorise Fixmylamborghini.com, or its designated payment processor, to charge your specified credit card, debit card, or other payment method for such fees. Unless otherwise specified, all fees are in United States of America dollars and all charges will be made in United States of America dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by Fixmylamborghini.com or by community flagging. The user may not cancel payments and purchases, except as required by law. However, Fixmylamborghini.com reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorise a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Fixmylamborghini.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
TERMINATION/SUSPENSION OF USE
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; (d) any activity we deem not to be in compliance with the intended use of the site; or (e) any reason we deem to be in the best interest of the Site.
PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Australia that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way, please do not use our services.
NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
INDEMNITY
You agree to indemnify and hold Fixmylamborghini.com, its subsidiaries, officers, directors, employees and agents harmless from any claim or demand, including reimbursement of reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Site, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
NO AGENCY
You and Fixmylamborghini.com are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
NOTICES
Except as explicitly stated otherwise, any notices should be given to info@fixmylamborghini.com (in the case of Fixmylamborghini.com) or to the email address you provide to Fixmylamborghini.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fixmylamborghini.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Fixmylamborghini.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
However, should informal resolution fail, except in matters involving injunctive relief, all disputes concerning this Agreement shall be resolved by neutral arbitration. The parties agree to abide by the decision of such arbitration. There shall be no appeal from any decision of the arbitrator(s) other than for fraud and misconduct. The decision of the arbitration shall be in writing. The decision of the arbitrator(s) may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom the decision is rendered or its property as a basis of judgment and the issuance of execution for collection of any monetary award contained in the decision.
BY EXECUTING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE CONCERNING THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, YOU ARE GIVING UP YOUR JUDICIAL RIGHT TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO SUBMIT DISPUTES CONCERNING THIS AGREEMENT TO NEUTRAL ARBITRATION.
Notwithstanding the above, with respect to any right or obligation for which there would exist as a matter of law a right to injunctive or similar equitable relief predicated upon a showing of irreparable injury, such matter (including the related legal claim) may be submitted to any court of competent jurisdiction in Australia. You and Fixmylamborghini.com agree to submit to the personal jurisdiction of the courts located Australia.
GENERAL
This Agreement shall be governed in all respects by the laws of Australia. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Fixmylamborghini.com in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections entitled Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement. Fixmylamborghini.com reserves the right to alter this document at any time.
ATTORNEYS' FEES
If Fixmylamborghini.com commences an action, arbitration, or takes any other steps to enforce the terms of this Agreement or for breach by you of any of the terms of this Agreement, and then Fixmylamborghini.com shall be entitled to receive its reasonable attorneys' fees and other costs and expenses incurred in connection with the prosecution or defence of such action.
CONTACT US
Any questions about these Terms should be directed to us at: info@fixmylamborghini.com