Last updated: 7 March 2023
1 Terms of use
In these terms of use, “we”, “us” and “our” means Vmoto Ltd (ACN: 098 455 46) of Level 48, 152-158 St Georges Terrace, Perth, Western Australia 6000, Australia. Please read these terms of use carefully as they apply to your use of this website including any content on it (the Website). By accessing or using the Website you agree to be bound by these terms of use.
We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
2 Copyright and other rights
(a) The Website is subject to copyright and possibly other intellectual property rights.
(b) The text, images, works and all data, in particular the resources (Website Content) featured on the Website are also protected by copyright.
(c) Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3 Licence to use the content on the Website
(a) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
(b) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (a), licence you to exercise any intellectual property rights unless this is expressly stated.
(c) Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@vmoto.com if you wish to seek such consent.
(d) Subject to applicable law, we may revoke the permission referred to in paragraphs (a) and (c) at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.
4 Linking to this Website
(a) We encourage you to provide links to the Website. While you may use the name “https://en.vmotosoco.com/” in the text of any such link, you may not use the Vmoto logo or any of our copyright without our prior written consent.
(b) You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5 Accuracy of content
Some of the information on the Website may be provided by third parties, including certain photographs or descriptions. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
6 Email services
(a) The Website provides various ways for you to receive emails from us, such as subscribing to our newsletter. You can manage these emails us and elect not to receive them by contacting us at info@vmoto.com.
(b) If you receive unwanted emails from us, you may contact us to request that further emails to you be discontinued by contacting us at info@vmoto.com.
7 General restrictions
In using the Website, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use the Website for any purpose that is unlawful;
(c) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(d) collect or store personal data about other users of the Website; or
(e) engage in any other conduct that inhibits any other person from using or enjoying the Website.
8 Warranties and liability
(a) All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(c) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 3,000.
(d) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(e) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9 Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
10 Links and advertisements
The Website may contain links to other third-party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
11 Privacy policy
(a) In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link [insert] to view our Privacy Policy.
(b) You may update any personal information you have given us at any time by emailing info@vmoto.com.
(c) Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
12 Terms of sale
If you place an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such orders is true and accurate and you are an authorised user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
13 Force majeure
Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
14 Infringing or objectionable content
If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us at info@vmoto.com and provide particulars of such content and a detailed description of why it is objectionable or infringing.
15 General
(a) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms of use are governed by the laws of Western Australia, Australia. If you are resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of Western Australia, Australia.
(c) These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(e) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
(f) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
(g) The word “including” when used in these terms of use is not a term of limitation.