OVERVIEW

This website is operated by Anton International Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Anton International, Auto Exotica and its partners and subsidiaries. Auto Exotica offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

“By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.”

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall theautoexotica, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless theautoexotica and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@autoexotica.com.au.

Autoexotica.com supplemental Terms and Conditions

Welcome to the Auto Exotica Network

Autoexotica.com and related services owned or operated by TTF Anton International Trust T/A Anton International Proprietary Limited (T/A Auto Exotica) and its related bodies corporate including, but not limited to autoexotica.com, autoexotica.com.au, motrs.com.au, mot.rs,  thespeedgirls.com, and others collectively referred to the Auto Exotica Network.

By accessing or using the Auto Exotica Network, you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Auto Exotica Network as amended from time to time.

1. About the Auto Exotica Network

(a) Auto Exotica makes available advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by Auto Exotica and Third Parties. Auto Exotica does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Auto Exotica  Network or on any web site that links from or to the Auto Exotica Network. (including third party display advertisements).

(b) Auto Exotica does not provide any warranty in relation to any goods or services advertised for sale on the Auto Exotica Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

2. Personal and Non Commercial Use Only

(a) Use of the Auto Exotica Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Auto Exotica:

1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material published on the Auto Exotica Network to create any web site or publication or searchable database;
3. mirror or frame any web site or page within the Auto Exotica Network;
4. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Auto Exotica Network or generate or compile any document, index or database based on the Material published on the Auto Exotica Network;
5. transfer or sell any information, functionality or products or services offered on the Auto Exotica Network; or
6. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

(b) If Auto Exotica considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Auto Exotica’s interests, then Auto Exotica may immediately terminate your right to access and use the Auto Exotica Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Auto Exotica Network.

3. You are Responsible for the use of the Auto Exotica Network

(a) Whilst Auto Exotica takes care to ensure that the Material on the Auto Exotica Network is correct, current and free from errors, Auto Exotica does not warrant the accuracy or completeness of or the representations made in the Material on the Auto Exotica Network or any web site that links from the Auto Exotica Network or any information received as a result of using the Auto Exotica Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

(b) The services and Material made available on the Auto Exotica Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.

(c) You agree to indemnify Auto Exotica against any liability, loss, claim or demand if Auto Exotica (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.

(d) You must keep your username and password to access the Auto Exotica Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Auto Exotica that you accept all liability for any unauthorised use of any username and password issued to you.

4. Goods and Services Provided By Auto Exotica

If Auto Exotica offers goods or services to you, including advertising any item for sale on the Auto Exotica Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency. Auto Exotica make no guarantees or warranty for the content of any curated advertisements. Whilst Auto Exotica will exercise all practicable effort to ensure the accuracy of any advertisements produced on the behalf of any sellers, the ultimate liability falls to the information provided by the sellers of any vehicles.

5. Goods and Services Provided By Third Parties

(a) If goods and services are offered on or through the Auto Exotica Network by third parties (sellers):

1. vehicle prices exclude government and statutory charges (unless otherwise stated);
2. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
3. Auto Exotica does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
4. Auto Exotica will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

(b) Auto Exotica may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Auto Exotica requests sellers check this information, it may be possible for information to be inaccurate. Auto Exotica strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

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6. Auto Exotica Liability to You is Limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Auto Exotica are HEREBY EXCLUDED.

(b) To the full extent permitted by the law, Auto Exotica will only be liable to you:

1. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Auto Exotica is limited, at Auto Exotica’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
2. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Auto Exotica.

(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Auto Exotica, will not be liable to you: for claims arising out of or in connection with your access and use of the Auto Exotica Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;

(d) To the full extent permitted by law, Auto Exotica will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

(e) For the purposes of this section, the term Auto Exotica will mean Auto Exotica, its officers, employees, contractors and agents, whether individually or collectively.

(f) These terms and conditions will survive the expiration or termination of this agreement.

7. Copyright, Trademarks and Licence

(a) Material on the Auto Exotica Network is  Anton International Pty Limited and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Auto Exotica. Unless otherwise indicated on the Auto Exotica Network, the material on the Auto Exotica Network is owned by or licensed to Auto Exotica and is subject to copyright (the “Copyright Material”).

(b)You may:

1. only copy or reproduce the Copyright Material for the purpose of browsing the Auto Exotica Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
2. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) Auto Exotica.com.au and other names of Auto Exotica product and/or services referenced herein are trademarks or registered trademarks of Auto Exotica.com Limited. Other product and company names mentioned on the Auto Exotica Network may be the trademarks of their respective owners.Nothing displayed on the Auto Exotica Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Auto Exotica’ (or the relevant owner’s, if applicable) express written consent.

(d) In consideration of Auto Exotica allowing you to access and use the Auto Exotica Network you grant to Auto Exotica a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Auto Exotica determines from time to time (subject to the Auto Exotica Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify Auto Exotica, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

8. Membership to the Auto Exotica Network

(a) If you choose to become a member of the Auto Exotica Network, additional products and services may be made available to you.

(b) By becoming a Auto Exotica member, you agree to receive electronic communications from Auto Exotica about its products and services.

(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.

9. Communications Services

(a) Auto Exotica may provide you with the ability to communicate with Auto Exotica, the Auto Exotica Network, Sellers, advertisers and users of the Auto Exotica Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Auto Exotica. You should not however, consider Communication Services to have been reviewed, screened, or approved by Auto Exotica.

(c) Use of the Communications Services is provided on condition that You do not do any of the following:

1. transmit any information or material which is knowingly incorrect, misleading or deceptive;
2. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Auto Exotica to be threatening, hurtful or otherwise inappropriate;
3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
4. use the Communications Services for any unlawful purpose;
5. post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights.
6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of Auto Exotica Network’s infrastructure;
7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
8. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Auto Exotica.
9. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
10. excessively use the Communications Services in a manner which may hinder or prevent Auto Exotica from providing services to any other persons or which may threaten the integrity or use by any person of the Auto Exotica Network;
11. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) Auto Exotica may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Auto Exotica may also suspend or terminate the membership of any member determined by Auto Exotica to be in breach of this provision.

10. Software Services

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Auto Exotica Network (“Software”) is owned by Auto Exotica and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.

(c) If there is no License Agreement, Auto Exotica grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Auto Exotica Network in accordance with these terms and conditions, and for no other purpose. You must not:

1. copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
2. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
3. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
4. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

11. Redbook

(a) Automotive Data Services Pty Ltd (RedBook) has prepared data and valuations from information gathered from a variety of sources that may be displayed on the Auto Exotica Network. Whilst all care is taken in producing the data and valuations, RedBook does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.

(b) RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

12. Auto Exotica and Your Privacy

By using the Auto Exotica Network, you agree to the Auto Exotica Privacy Policy which sets out how Auto Exotica collects, uses and discloses your personal information.

13. Specific Terms

(a) Private Sellers To read Auto Exotica Private Seller Terms and Conditions click here. If you choose to sell an item using the Auto Exotica Network you must agree to the Auto Exotica Private Seller Terms and Conditions.

(b) 1300 Numbers – Auto Exotica Connect Calls to 1300 numbers from land lines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions that provider.

(c) Auto Exotica Network Privacy Protect To view Auto Exotica Network Privacy Protect Terms and Conditions click here.

(d) Competitions To read Auto Exotica Competition Terms and Conditions click here.

(e) Email a friend Where Auto Exotica allows you to email a friend: you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Auto Exotica, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

(f) Auto Exotica uses Assembly Payments Pty Ltd (Assembly Payments) as its service provider for payment services (acting as a payment facilitator and/or escrow agent for transactions between Auto Exotica Network sellers and buyers). By using these services, you agree to be bound by the Assembly Payments End User Terms which are located here.

14. What Law Governs these Terms and Conditions

This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

15. Auto Exotica May Change These Terms and Conditions

(a) Auto Exotica may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and and publishing them on the Auto Exotica Network. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

(b) Auto Exotica may cease to provide you with access to the Auto Exotica Network or any of its services without notice.

(c) All rights not expressly granted are reserved.

16. Contact Auto Exotica

If you have a question, problem or complaint or need to contact us: