1. Conditions of use
1.1 This document contains the terms and conditions which apply to your use of the National Roads and Motorist's Association Limited ('NRMA' or 'we') web site ('web site'). This document contains the following parts:
(a) Part A: General Conditions - which apply to all use of the web site (including those specifically covered by Parts B or C below);
(b) Part B: Publishing Guidelines - which apply to all material submitted by users to the web site (for publication or otherwise); and
(c) Part C: Competition Rules - which apply to any competitions conducted by NRMA on the web site.
1.2 Your use of this web site is governed by these terms and conditions ('Terms').
1.3 By participating and continuing to use this web site you indicate your consent and agreement to these terms of use
2. Copyright and Trademarks
2.1 What you can do: All the material on this web site is subject to the copyright of NRMA or its third party licensors. You must not reproduce any of the material contained on this web site except that you may:
(a) download a copy of this web site to the local hard drive of the computer used to access the site; and
(b) print extracts of this web site, but only for your personal use.
2.2 What you cannot do:
(a) copy any of the material on this web site or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form; or
(b) provide a link to this web site from another web site without NRMA's prior written consent.
2.3 The NRMA logo is a registered trade mark of NRMA. Other trade marks may be displayed on the web site from time to time. These may belong to third parties. Nothing displayed on the web site should be construed as granting any licence or right of use of any logo or trade mark displayed on the web site, without the express written permission of the relevant owner.
3. Conduct
3.1 You must not use this web site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
3.2 In particular, you agree not to:
(a) use this web site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(c) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the web site;
(d) impersonate any person or entity; or
(e) upload, post, e-mail, transmit or otherwise make available using the web site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 NRMA retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. Disclaimers
4.1 The information contained on this web site is for general information purposes only. You must not rely on any statement contained in this web site without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this web site, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
4.2 In particular, we make no representations or warranties and exclude all liability:
(a) in relation to any of the third party material of this web site (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
(b) in relation to any material of any other web site referred to or accessed by a hyperlink through this web site ('Third Party Web Site'). We do not endorse or approve the material of any Third Party Web Site, nor will we have any liability in connection with any of Third Party Web Site howsoever arising; or
(c) that this web site or any of its material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using this web site.
5. Access
Although we will do our best to provide constant, uninterrupted access to this web site, we can not and do not guarantee this. We accept no responsibility or liability for any interruption or delay.
6. Privacy
Use of any personal data that you provide to us is governed by our Privacy Policy Statement.
7. Advertising
Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the web site, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on this web site.
8. Liability and Indemnity
8.1 You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the web site.
8.2 NRMA does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the web site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
8.3 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
(a) in the case of services supplied or offered by us:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.
8.4 You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits arising, including from:
(a) the use of or access to, or any inability to use or access, the web site or any material on the web site;
(b) unauthorised access to or alterations of your transmissions or data; or
(c) statements or conduct of any third party on the web site.
9. General
9.1 Variations: These Terms may be varied from time to time. 9.2 Applicable law: These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
10. Contributions
10.1 The areas of this web site where users can contribute material are as follows:
(a) Postcards From a Friend;
(b) Traveller's Tips;
(c) Ask the NRMA;
(d) Our Heroes; and
(e) Your Choice recommendations.
10.2 Further information about each of these areas may be found on the appropriate part of the web site.
11. Contributed Material
11.1 If you wish to submit Material to the web site, you agree to do so on the additional terms and conditions set out in this clause 11.
11.2 All copies of user contributed material, including text, images and photos ('Material'), becomes the property of NRMA.
11.3 NRMA reserves the right to do any of the following:
(a) select Material to be displayed on the web site;
(b) remove any Material at any time;
(c) amend, alter, edit or delete any Material you submit without any right of attribution to you; and
(d) use any photos submitted as Material in any way that NRMA sees fit.
11.4 In submitting Material, you:
(a) warrant that that any Material you submit is your own work and that you own all intellectual property rights in it; and
(b) warrant that any Material you submit for publication or which is published on the bulletin and/or postcard boards is not obscene, defamatory, offensive or otherwise illegal.
11.5 When contributing Material to the web site, you must not include:
(a) information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;
(b) personal information, or the personal details of others such as phone numbers, mail or email addresses;
(c) offensive or otherwise unsuitable images of a sexual or other inappropriate nature;
(d) spamming, flaming or typing in ALL CAPS;
(e) advertising or promotion of external URLs, competitions, sites or products;
(f) gratuitous swearing, profanity or spiteful remarks;
(g) reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
(h) false or misleading or deceptive information; or
(i) misinformation or rumour.
12. Liability for Material
12.1 Any opinions expressed in Material are those of the users.
12.2 NRMA:
(a) is not responsible for, and does not accept any liability in respect of, any Material; and
(b) does not check the content or accuracy of any Material.
13. General
Unless otherwise stated, The rules in this Part C apply to all competitions conducted on the web site. However, in certain cases additional or different rules may apply. Those will be published at the time of the relevant competition.
14. Who may enter
14.1 All entrants must be residents of Australia.
14.2 There is no age restriction on entry unless otherwise stated in the particular rules for an individual competition. However, if you are under 18 years of age you will need to obtain one of your parent's consent before entering particular competitions. If this is the case, the specific rules for a particular competition will make this clear as well as indicating how such consent should be obtained and communicated to NRMA.
14.3 Employees of, or contractors to, NRMA or any of its agencies involved with this competition, or members of the immediate family of such employees and contractors, where 'immediate family' means spouse, defacto spouse, parent, nature or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor, are not eligible to enter.
14.4 By participating, entrants agree to be bound by these rules.
15. How to enter
Details of how to enter a particular competition will be published at the same time as each competition is run.
16. Selection of winners
16.1 Details of how each winner is selected will be published at the same time as each competition is run.
16.2 The judges' decision is final and no correspondence will be entered into.
17. Prizes
17.1 Details of the prizes (including approximate value and how many prizes are available in each competition) will be published at the same time as each competition is run. However, the actual contents of the prize may vary due to availability.
17.2 All prize values include any GST. NRMA takes no responsibility for any variations in prize values. The prizes are not transferable, exchangeable or redeemable for cash.
17.3 To the extent permitted by law, NRMA excludes any liabilities for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking the prize.
18. Winner notification and publication
18.1 The winner of any particular competition will be notified by email, using the details provided in his or her entry. The winner will then be asked to provide their name and address so that the delivery of the prize can be arranged.
18.2 All reasonable efforts will be taken to contact each month's prize winners. If a prize remains unclaimed for a period of more than 10 working days after notification to the email address supplied, it will be returned to the prize pool for redistribution.
19. Ownership of entries
In accordance with these Terms, all intellectual property rights in material submitted to this web site, including all competition entries become and remain the property of the NRMA material
20. Publicity
By participating, the winners consent to the use of their name and their winning entries for promotional and marketing purposes and agree to participate in reasonable promotional activities as requested by NRMA.
