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Terms & Agreements
BOYCE website Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY

1.	About this website
This website is owned and operated by Boyce’s Automotive Data Pty Ltd (BOYCE) 

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and by using this Website you agree to be bound by these Terms of Use.


2.	Licence Grant
   
2.1	To access the full Content of the Website you will need a username and password. The username and password will be issued upon payment of the relevant subscription fee (fee may be waivered) and the correctly completed registration or subscription form.

BOYCE will grant you access to the website and grant you a non-exclusive non-transferable (to another entity) limited licence to use the BOYCE Content.

2.2	The Licence is issued to a single personal computer from the single site or address stated on the registration or subscription form, or where you have contacted BOYCE by phone, the single site or address as it appears on the tax invoice. The Licence is restricted to the single personal computer (Original PC) from which you first used the Username and Password to access the Website. Should Your Original PC crash, be reformatted or no longer operational You will need to contact BOYCE to reset the Original PC. BOYCE will not be responsible for any delays in resetting the Original PC and You will not get an extension of time.

2.3.	Access and use of BOYCE Content by one or more additional personal computers at the location applicable in paragraph 2.2 will be subject to the completion of further registration forms and will be subject to additional subscription fees. 

2.4.	You will only use the BOYCE Content as a source of reference for the purposes of maintaining, servicing and repairing motor vehicles.

2.5.	Only You and Your employees are authorised to use the username and password BOYCE give to You in accordance with paragraph 2.2, and You will not (and You will ensure Your employees do not) pass the username and password on to any other party.

2.6.	You may not use, rent, lend, lease, sell, distribute or otherwise transfer any BOYCE Content or any copy, modification, translation or adaptation of any BOYCE Content except as permitted by law or expressly set out in this Licence.

2.7.	All rights in the BOYCE Content and Usernames and Passwords including, without limitation, all copyright and database rights (including but not limited to all data, text, images, diagrams and layouts) are owned by BOYCE and are subject to international copyright laws and treaties.  All rights of BOYCE are hereby expressly reserved. This Licence does not give You any rights of ownership in BOYCE’s intellectual property.

2.8	You shall not assign or sub-license all or any part of Your subscription, this Licence or the BOYCE Content without the prior written consent of BOYCE



2.9	Unless BOYCE terminates it in accordance with clause 7.1 below, this Licence will begin on the date on which BOYCE issue You with a username and password to access the Website and will continue for one year, or such time as agreed and paid for, after which You will need to renew the Licence by paying a further subscription fee. If You do not renew Your subscription, the username and password will no longer be valid and You will no longer have access to the Website.


3.	Links to other websites
The Website may contain links to third party websites. BOYCE does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, BOYCE makes no warranties or representations:
(a)	regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
(b)	that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, BOYCE is not authorising the reproduction of material on linked websites.

4.	Material available at the Website
The Website provides general information about BOYCE and BOYCE's various programs, services and activities.
In addition, the Website may from time to time contain or make available various message services, email lists, newsletter services, or other tools and facilities which may be of use to you. Whilst BOYCE has made every effort to ensure that any such features are accurate and free from defect, BOYCE does not warrant the accuracy, correctness or completeness of these features, which are provided on an 'as is' basis.
The Website may contain facilities allowing BOYCE members or others to submit offers (including offers of employment), deals or promotions by persons not related to or part of BOYCE, for inclusion as Content on the Website (Third Party Offers). In offering these facilities, BOYCE acts as a facilitator by which interested parties can locate each other, and is not involved in the transaction, payment nor delivery in any way whatsoever. Parties wishing to conclude such a transaction must do so outside of and separate from the Website. BOYCE does not sponsor, endorse, or approve of any Third Party Offers, or any material associated with those offers. Subject to any applicable law which cannot be excluded, BOYCE makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Offers for goods or services, or any material associated with those offers, or that use of Third Party Offers and those materials does not infringe the intellectual property rights or any other rights of any person.

5.	Availability of the Website
As electronic services are subject to interruption or breakdown, access to the Website is offered on an 'as is' and 'as available' basis. BOYCE may withdraw the Website at any time and without notice to you.

6.	User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
We may permit you to place information or other material on the Website (including posting messages, uploading files, in putting data or engaging in any other form of communication). By placing any information or other material on the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the information or material:
-	use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display the information and material and create derivative works from the information and material; and
-	sublicense any of the forgoing rights to third parties.
You acknowledge that information or material that you send to, or attempt to include in the Website, may not reach or be correctly displayed on the Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, BOYCE is not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of information or material in, or a failure to receive or include information or material in, the Website, for whatever reason.
You are prohibited from sending information or material for inclusion on the Website which in any way whatsoever is illegal, misleading or deceptive, offensive, discriminatory, defamatory, identifies any individual (including their contact details) without their consent, or is associated with pornography, the sex industry, or any other category determined to be inappropriate by BOYCE at any time. If you submit any Third Party Offers for employment, you must ensure that those Third Party Offers comply with all applicable laws, including employment and discrimination laws. Any information or material that you send to, or attempt to include in the Website may be made publicly available to all users of the Website and BOYCE accepts no responsibility for third party use of that information or material. Whilst under no obligation to do so, BOYCE retains the right to review, edit, and remove any information whatsoever from any part of the Website at any time and without notice to you.
You are prohibited from submitting Third Party Offers unless you are over 18 and authorised or entitled to do so. You warrant and guarantee that all details and information you provide are correct in every particular. If you submit a Third Party Offer for goods or services as a business, you must identify your business by including in the material for publication the name of the business, and one of the following:
-	the business registration or license 
-	the physical address of the business; or
-	the business name registration number.
If you access any personal information about employment candidates through the Website, you must keep that information confidential and use it only for the purpose of considering those individuals for relevant positions available with your business.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

7.	Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted.
 while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability. 

7.1	In the event that you fail to comply with the Terms of Use, BOYCE shall be entitled to terminate the licence granted to you with immediate effect and without notice. You will not receive a refund.


8.	Warranties and Indemnities

8.1	All reasonable care has been taken to ensure the accuracy of such Content.  Nevertheless, BOYCE give no warranty that the BOYCE Content is complete or accurate and, to the maximum extent permitted by law, BOYCE will accept no liability arising from any inaccuracy or incompleteness of the BOYCE Content.

8.2.	The BOYCE Content was compiled for use with vehicles manufactured to Australian specifications. You should be aware that in countries outside Australia model names and descriptions and the specifications relating to them may differ from those listed in the BOYCE Content.

8.3.	The BOYCE Content is provided ‘AS IS’ and all conditions or warranties express or implied, statutory or otherwise (including without limitation those pertaining to accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose (whether or not notified) of any product) are hereby excluded.

8.4.	BOYCE makes all reasonable efforts to ensure the BOYCE website is free from computer viruses, Trojans and other malicious code, however You should ensure that You use adequate, up to date, anti-virus software.  BOYCE will accept no liability arising from any infection by computer viruses or other malicious code.

8.5.	BOYCE makes all reasonable efforts to ensure that the BOYCE website is available, on some rare occasions the number of users accessing it may cause it to run slowly, and on other occasions it may be temporarily unavailable whilst it is being serviced or repaired.  Whilst BOYCE will endeavour to warn users of scheduled service interruptions, BOYCE does not warrant that the site will be accessible at all times.  To the maximum extent permitted by law, BOYCE will accept no liability arising from the inability of users to access the BOYCE Content or any slow running of the BOYCE website.

8.6	 All Content is subject to change without notice.

8.7	You indemnify BOYCE in respect of any liability incurred by BOYCE for any loss or damage, howsoever caused, suffered by BOYCE as a result of your breach of these Website Terms of Use or your use of the Website

9.	Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, BOYCE, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Website, to any goods ordered through this Website, to any material on linked websites, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.  For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
-	resupplying goods or services to you or supplying equivalent goods;
-	repairing the goods; or
-	paying the cost of having the goods or services resupplied or goods repaired.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

10.	Copyright and trade marks
Copyright in the Content on this Website is owned or licensed by BOYCE, unless indicated otherwise. 'BOYCE' and all associated trade marks, are trade marks of BOYCE or its related bodies corporate.
Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of BOYCE. 

11.	Acceptance and changes to these Terms of Use
You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. BOYCE may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, BOYCE has provided you with sufficient notice of the variation. 

11.1	If any provision of the Terms of Use is declared void or unenforceable the remaining provisions of the Terms of Use shall remain in full force and effect.

11.2	No amendment or variation to the Terms of Use shall take effect unless it is in writing, and signed by the Managing Director of BOYCE.
 
12.	Jurisdiction
The law applicable to the Website and to disputes arising out of the Website is the law of the New South Wales, Australia.
I have read and understood the terms & agreements. And I also have understood that any unauthorized sharing of access to the Auto Library Technical Information web site will result in the cancellation of my account and the loss of all funds.

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