Lowndes Force Terms of Use
Welcome to the lowndesforce.com.au website (“lowndesforce.com.au”). This website is operated by Advantis Sports Management Pty Ltd (ACN 103 225 930) on behalf of Craig Lowndes (together “we, us”). Your access to and use of lowndesforce.com.au is subject to these terms, the Lowndes Force Privacy Statement, the Lowndes Force Copyright and Trade Mark Notice and any other terms contained on this website (“Terms of Use”).

1. What You Must Do

1.1 You must use lowndesforce.com.au in a responsible manner.

1.2 If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using lowndesforce.com.au.

2. What You Must Not Do

2.1 You must not:

1. Use lowndesforce.com.au for any activities or post or transmit to or via lowndesforce.com.au any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes;
2. Use lowndesforce.com.au in a way or post to or transmit to or via lowndesforce.com.au any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying lowndesforce.com.au;
3. Use lowndesforce.com.au web mail to send unsolicited electronic mail messages to anyone;
4. To make any fraudulent or speculative enquiries, bookings, reservations or requests using lowndesforce.com.au;
5. Using another’s name, username of password without permission;
6. Post, or transmit via lowndesforce.com.au, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
7. Tamper with, hinder the operation or make unauthorised modifications to lowndesforce.com.au;
8. Knowingly transmit any virus or other disabling feature to lowndesforce.com.au; and
9. Attempt any of the above acts or permit another person to do any of the above acts.

3. Third Party Content

3.1 Many of the products and services offered for sale or advertised and much of the information provided on lowndesforce.com.au are the products, services and information of parties other than Lowndes Force (“third parties”).

3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with a third party supplier.

3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third party. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied by lowndesforce.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.

3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on lowndesforce.com.au or accessible through a hyperlink on lowndesforce.com.au. You acknowledge and consent to us receiving the fees.

4. Prices and Products and Services are Subject to Change

4.1 All prices displayed and products and services offered to be supplied on lowndesforce.com.au are subject to change without notice.

5. Security

5.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity or on the connection between your browser and the lowndesforce.com.au servers. We are not responsible for any information you may lose if the lowndesforce.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the lowndesforce.com.au servers.

6. Indemnity

6.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of lowndesforce.com.au by you or someone using your name and password.

7. Disclaimer and Limitation of Liability

7.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, cost or expenses suffered by you or claims made against you through use of lowndesforce.com.au, any failure to provide lowndesforce.com.au, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via lowndesforce.com.au.

7.2 To the extent permitted by law, all warranties, conditions and representations about lowndesforce.com.au, the availability of lowndesforce.com.au for access and use, the products and services advertised, offered to be supplied or supplied via lowndesforce.com.au the information provided on lowndesforce.com.au are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following:

1. In relation to goods:
   (i) a replacement of the goods or the supply of equivalent goods;
   (ii) the repair of such goods;
   (iii) the payment of the cost of replacing the goods or requiring relevant goods;
   (iv) payment of the costs of having the goods repaired;
2. In relation to services:
   (i) the supply of the services again;
   (ii) the payment of the cost of having the services supplied again.

8. Use of Your Information and Material

8.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via lowndesforce.com.au, you agree that Lowndes Force can use, reproduce, publish, modify, adapt and transmit then to others free of charge and without restriction, subject to our obligations and our Privacy Statement.

9. Goods and Services Tax

9.1 If GST is imposed on any supply made by us through lowndesforce.com.au, you must pay to us, in addition to any consideration payable to or to be provided by you for the supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or setoff) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand to us, whether such demand is made by invoice or otherwise.

9.2 Subscribers to lowndesforce.com.au must notify Lowndes Force in the event of a change in their GST status.

10. Changes

10.1 We may vary any of these Terms of Use at any time, we will give notice of any variations to members by e-mail to the e-mail address notified to us by the member. We will give notice of any variations to users of lowndesforce.com.au who are not members by posting the revised Terms of Use on the homepage of lowndesforce.com.au. Your continued use after such notice will constitute acceptance of the variation.

11. Termination

11.1 If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to lowndesforce.com.au and terminate the Terms of Use effective immediately.

12. General Matters

12.1 This agreement is governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning this agreement.

12.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

12.3 If we do not act in relation to a breach by you of these Terms of Use this does not waive our right to act with respect to subsequent or similar breaches.