Terms and Conditions for registered members
These terms and conditions apply to registered members of keys2drive.com.au ("the website" or "this website" or "the Keys2drive website").
The website www.keys2drive.com.au is operated by Australian Automobile Association (AAA) ACN 008 526 369.
Registration as a member is subject to the terms, conditions and disclaimers provided in these terms and conditions. By ticking the "I agree to the terms and conditions" option on the registration screen, you agree to be bound by these terms and conditions.
Users will be unable to access the member only parts of this website unless they agree to these terms and conditions.
In these terms and conditions the expressions "we", "us" and "our" are a reference to the Australian Automobile Association (AAA) ACN 008 526 369.
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will take effect immediately upon being notified on this website. By continuing to use this website you agree to be bound by the terms and conditions as amended.
3. Applicability of the Keys2drive website
The Keys2drive website is directed towards Australians and refers to road rules of Australia or particular Australian states. Road rules may differ from country to country and the information provided in this website should not be relied upon outside Australia. All competitions on this website are open only to Australian residents.
4. Becoming a Registered Member
In order for you to access all aspects of the Keys2drive website as either a learner driver, parent/supervisor or driving instructor, you must become a registered member. To do this, you must complete your registration details on the website and accept these terms and conditions. Registration is free but your registered member status is non-transferable.
We reserve the right to terminate your registered member status at any time if you breach these terms and conditions.
5. Members' Obligations
By registering as a member of the Keys2drive website, you agree to abide by the following terms and conditions:
(a) you acknowledge that any material submitted by you to this website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
(b) when you submit material to this website, you assign all copyright which subsists in such material to us and you agree to do anything necessary to give effect to or complete this assignment;
(c) you are responsible for protecting the confidentiality of your password;
(d) you agree not to post or transmit any material which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
(e) you agree not to post or transmit any material that would constitute, encourage or provide instructions on how to commit a criminal offence or other breach of law or otherwise infringe the rights of any person;
(f) you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;
(g) you agree not to impersonate any other person or misrepresent yourself in any way;
(h) you agree to provide current, accurate and up-to-date information about yourself as required by this website;
(i) you agree not to post and transmit any unsolicited advertising or promotional materials;
(j) you agree not to collect email addresses or other contact information of other members from the website by electronic or other means for the purpose of sending any unsolicited communications;
(k) you agree not to make publicly available on this website any private information of any other person, including addresses, phone numbers, email addresses and credit card numbers;
(l) we may refuse to post or remove from this website any material which you post or transmit without notice at any time in our absolute discretion;
(m) you agree not to post or transmit any material which may infringe the rights of another person and you warrant that all material posted or transmitted is your original work and not sourced from any third party;
(n) you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(o) you accept that any material provided by you may be posted in the discussion forum or on a blog for any other members to read, except where the material is posted or transmitted to your private account;
(p) you agree not to hack into or deface this website, including other members' accounts, or otherwise prevent other members' access to this website;
(q) you agree not to use this website in any unlawful manner or any other manner that could damage, disable, overburden or impair this website; and
(r) you agree not to post or transmit material or do any other act that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying this website or which may expose us or any of the Keys2drive members to any harm or liability.
(s) you agree to notify your supervising driver that they must attend the entire 60 minute free Keys2drive lesson.
(t) you acknowledge that if the supervising driver does not attend the lesson, it will be cancelled and you will need to rebook.
(u) you acknowledge that if the lesson is cancelled within 24 hours of the nominated booking time, you will forfeit the allocated free lesson ID number and will contact the Keys2drive administration to arrange for a second free lesson ID number to be generated.
6. Members' Disputes
You are solely responsible for your interactions with other members of the Keys2drive website. We reserve the right, but have no obligation, to monitor disputes between members. We are under no obligation to attempt to resolve the dispute.
7. Instructor Accreditation
By following the rules and procedures set out in the Keys2drive website and passing any tests to a standard satisfactory to us, it is possible for a driving instructor to be accredited by us. We will then list the driving instructor's details on this website to enable learner drivers to contact him/her to arrange a free driving lesson paid for by us.
8. Disclaimer and Indemnity
8.1 Free Driving Lesson
As a learner driver, it is your responsibility to arrange the free driving lesson with an driving instructor. We do not warrant that a free driving lesson will be available in your area or at all. The driving instructor is responsible for the provision of, quality of and fitness for purpose of the lesson and materials supplied with the lesson (if any). The driving instructor is not our employee or agent and we are not liable for his actions or inaction. We do not accept any liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer from or in relation to the lesson or for any failure to provide the lesson or in relation to your ability to drive after the lesson.
8.2 Use of the Site
All information provided by us in the Keys2drive website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.
We do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer in relation to the use of this website or any linked or embedded website or the use of or reliance on any material on this website (whether provided by us or any other person) or any material accessed through this website.
We are not responsible for or liable for the material provided by or the actions or inaction of any member of this website. We are not responsible for or liable for any material which you post or transmit to this website, nor do we accept any responsibility or liability for any use or misuse which you or any other members make of material which you post or transmit to this website. We do not assume any responsibility for monitoring this website for inappropriate material or removing such material. You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
We do not make any representations or warranties that your access to the Keys2drive website will be uninterrupted, timely or secure.
We do not warrant that any material you submit to this website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your material on the Keys2drive website. If we elect in our sole discretion to post your material on this website, we do not warrant that the material you submit will be posted within a certain timeframe.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process that you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the removal of doubt, we do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer through any interference or damage to your computer system which arises in connection with your use of this website or any linked or embedded website.
We do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer from a failure to provide any facility on this website, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service or any transmissions by other members in contravention of the members' obligations as set out in these terms and conditions.
We accept no liability for any failure to comply with these terms and conditions where the failure is due to circumstances beyond our reasonable control.
8.3 Exclusion of Warranties
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where any law implies any condition or warranty, and that law prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included in these terms and conditions but our liability will be limited for a breach of that condition or warranty to one or more of the following:
Exclusion of Warranties
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where any law implies any condition or warranty, and that law prohibits us from excluding or modifying the application of, or Our liability under, any such condition or warranty, that condition or warranty will be deemed to be included in these terms and conditions but Our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
I. the 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 of acquiring equivalent goods; or
IV. the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
I. the supplying of the services again; or
II. the payment of the cost of having the services supplied again.
You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
9. Exception to Disclaimer
If liability to you arises under a law that cannot be excluded, the disclaimer in clause 8 above does not attempt or purport to exclude this liability.
10. Advertisements and Linked or Embedded Sites
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites and details of accredited Instructors) rests solely with the advertisers and we do not warrant that the content is correct. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services. The inclusion of details of Instructors on this website merely indicates that they have been accredited by us as having performed the requirements of our accreditation process. Any links may not remain current.
Responsibility for the content and privacy of sites linked to or embedded in this website rests solely with the linked or embedded site. Linking to or embedding a site on this website does not constitute a recommendation or endorsement by us of the site or its operator, contents, products or services. Any links may not remain current.
Copyright in the Keys2drive website (including text, graphics, logos, icons, sound recordings, audio visual material and software) is owned or licensed by us. You may print out material from this website. However, except as permitted by the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and, except as expressly authorised by these terms and conditions, you must not in any form or by any means:
(a) adapt, reproduce, store, distribute, display, perform, publish, communicate to the public or create derivative works from any part of this website; or
(b) commercialise any material, products or services obtained from any part of this website;
without Our written permission.
12. Trade Marks
The trade marks, logos and service marks displayed on this website ("Marks") are owned or licenced by us.
You must not use Our name or any of Our trade marks:
(a) in or as the whole or part of your own trade marks or company or business names;
(b) in connection with activities, products or services which are not Ours or accredited by us;
(c) otherwise than as permitted by this website, in relation to activities and services accredited by us;
(d) in meta tags or other hidden text on your website;
(e) in a manner which may be confusing, misleading or deceptive; or
(f) in a manner that disparages us or Our information, products or services (including this website).
If you use any of Our trade marks in reference to Our activities, products or services or activities, products or services accredited by us, you must include a statement attributing the trade mark to us.
14. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information that you post or transmit to us. Accordingly, any information that you post or transmit to us is posted or transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of your information.
15. Termination of Access
Access to the Keys2drive website may be terminated at any time by us without notice. Clauses 5, 8, 9, 10, 11, 12, 15 and 16 will survive termination of access to this website or termination of your membership.
16. Governing Law
These terms and conditions are governed by the laws in force in the Australian Capital Territory, Australia. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.