1.0 Acceptance of terms
Welcome to RAC’s rac.com.au/little-legends website (the "Website"). Parts of this Website are accessible to the public, other parts of this Website are provided to those persons who have registered a Member Account and are members of RAC’s Child & Youth membership category (“Members”). The Website is provided to encourage and educate Users on road safety.
The terms "we", “us”, “our” and “RAC” refer to the Royal Automobile Club of W.A. (Incorporated), RACWA Holdings Pty Ltd (ACN 008 985 877) and its subsidiaries (RAC Group).
The term "you" refers to
a User where that User is 18 years or older; or
the parent/guardian of the User, where the User is younger than 18, as applicable.
The term "Member Account" means an account created on the Website for a Member.
The term ‘User’ refers to any person using the Website and includes a Member.
Please read these terms and conditions ("Agreement") carefully, and if you are under the age of 18 years, make sure that your parent/legal guardian reads and agrees with this Agreement on your behalf. You agree to be bound by all of the terms and conditions of this Agreement by using this Website and registering a Member Account.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with these terms and conditions and the User’s continued access or use of this Website indicates your acceptance of the updated or modified Agreement. You should revisit the Agreement on a regular basis as revised versions will be binding on you. If you do not accept all of the terms and conditions contained in this Agreement or a modified version of the Agreement, the User is not authorised to use and must immediately cease to use this Website and, if applicable, must cancel their Member Account.
2.0 Use of Website/Account
A User may browse the Website and view content without creating a Member Account, but as a condition to the User using certain aspects of the Website, you must register and login into a Member Account. If you do register a Member Account, you consent on your behalf or on the behalf of a User where authorised, to become a Member of the RAC when you submit the information required to register a Member’s Account. You warrant and agree that you will provide RAC with accurate and complete information (including, but not limited to a Member name ("Member Name"), date of birth, gender, school name, guardian name, postal address, e-mail address, contact phone number and a password that the Member will use to access the Website) and to keep the Member Account information accurate and up-to-date at all times. Failure to do so shall constitute a breach of this Agreement, which may result in immediate de-activation of the Member Account. You acknowledge and agree that any details needed to register a Member Account may be provided to third parties. RAC will use reasonable efforts to protect the security of all User details, as well as those details of the User’s parent/guardian where applicable, in accordance with clause 3 of this Agreement but disclaims any responsibility for the disclosure of any personal information as a result of unauthorised access.
You shall not:
create any Member Account for anyone other than yourself or a User for which you are authorised;
use a Member Name that is the name of another person with the intent to impersonate that person;
use a Member Name or Member Account that is subject to any rights of a person other than you without appropriate authorisation.
RAC reserves the right to refuse registration of, de-activate or terminate a Member Account in its sole discretion. You are solely responsible and liable for activity that occurs on your Member Account and shall be responsible for maintaining the confidentiality of your password. You shall never use another Member’s Account without such other Member’s prior express permission. You must not disclose your password to any person or allow any other person to use or access your Member Account or your Member Name or password.
You represent and warrant that you are of legal age to form a binding contract.
3.0 Security of Your Account
It is important that you remember your login details and password. You should keep your login details and password in a safe place offline.
We will use your login and password to identify you when you return to our Website. If you forget your login or password, you will not be able to access your Member Account until you reset your password.
We have put physical, electronic and managerial procedures into place in order to ensure the safety and security of your information and to prevent unauthorised access. Although we use reasonable efforts to protect the security of your details, transmissions made on or through the Internet, emails sent via the Internet and personal information stored on our servers or the servers of third parties are vulnerable to attack and cannot be guaranteed to be secure. RAC disclaims any responsibility for the disclosure of any personal information as a result of unauthorised access by a third party.
4.1 Our ContentWe are the sole and exclusive copyright owners of the Website and our content, or we are otherwise licensed or authorised to use the Website and the content. Our content includes, but is not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Website excluding third party content ("Our Content").
We may own or have rights to use (whether under licence or otherwise) the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Our Content or our IP Rights.
Other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. RAC is not responsible for the content on websites operated by parties other than RAC.
4.2 No Endorsement of ContentSome of the content available through the Website may include materials that belong or are licensed to third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to or from the Website. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Website. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Website, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including content posted by Users, does not reflect our views or that of our subsidiaries, affiliated companies, employees, officers, directors, or shareholders.
4.3 Linked WebsitesThis Website may contain links to other websites ("Linked Websites"). We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
5.0 Restrictions of useWe are under no obligation to enforce the Agreement on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to:
breach the terms of the Agreement;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Website content, except as expressly authorised by us;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Website content;
reverse engineer any portion of the Website;
remove or modify any copyright, trademark or other proprietary rights notice that appear on any portion of the Website or on any materials printed or copied from the Website;
record, process, or mine information about other users;
access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
reformat or frame any portion of the Website;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on RAC’s or its licensor’s technology infrastructure or otherwise make excessive traffic demands of the Website;
attempt to gain unauthorised access to the Website, Member Accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
use the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website content; or
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6.0 Limitations and exclusions of liabilityTo the maximum extent permitted by law, RAC makes no representation and hereby disclaims and excludes all guarantees, warranties, liability (including for negligence) and conditions relating to:
(a) fitness for a particular purpose, suitability, title, and non-infringement of the information, software and products contained on the Website or any portion thereof for any purpose;
(b) the safety of the Website, including that the Website, its servers or any communications sent from RAC or the Website, are free of viruses or other harmful components; and
(c) the accuracy of any information contained on the Website and description of any Website content.
The inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by RAC.
You access and use the Website at your own risk and to the maximum extent permitted by law, in no event shall RAC (or its officers, directors and affiliates) be liable to you or any person claiming through or on behalf of you, and you release RAC in relation to, any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, use of money, or any other loss or damages of any kind arising (whether in contract, tort (including negligence), strict liability, statute or otherwise) out of, or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use of this Website, including, but not limited to, any such loss arising from:
your reliance upon opinions appearing on this Website;
any computer viruses, information, software, products and services obtained through this Website;
the downloading or subsequent use of the downloaded material from the Website;
the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by other Members in contravention of a persons’ obligations as set out in this Agreement; and
any person using your password or Member Name, whether or not you have authorised that person to use your password or Member Name,
or otherwise arising out of the access to, display of or use of this Website
These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
If you require RAC to remedy a failure to comply with a guarantee implied by law, then the liability of RAC will be limited to:
if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods,
the payment of the cost of replacing the goods or of acquiring equivalent goods, or
if the breach relates to services:
the supplying of the services again, or
the payment of the cost of having the services supplied again.
For any other liability, which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of RAC will in no event exceed, in the aggregate, Fifty Dollars (AU$50.00).
7.0 IndemnificationYou agree to defend and indemnify RAC and the RAC Group and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs, losses or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties against RAC and its affiliates and any of their officers, directors, employees and agents as a result of or arising out of or connected with:
your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of or access to this Website.
You acknowledge that your personal information may be disclosed to our contractors or other third parties for the purpose of maintaining and hosting the Website.
8.1 CookiesA cookie is a small-text file placed on your computer hard drive by a web server. Cookies may then be accessed later by our web servers. Cookies store information about your use of our website.
determine whether you have previously used this web site; and
identify pages you have accessed.
Most web browsers are initially set to accept cookies, but you may configure your browser not to accept cookies. If your browser is set to reject cookies, you may not be able to make full use of the RAC website (for instance, services on the website that require cookies in order for you to participate).
9.1 Validity and EnforceabilityYou hereby agree to waive any rights to challenge the validity or enforceability of this Agreement entered into on the Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.
9.2 WaiverIf we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
9.3 No AssignmentYour rights and obligations under this Agreement are not to be transferred or assigned directly or indirectly without our prior written consent. We may transfer or assign our rights and obligations under this Agreement.
9.4 Governing Law/Dispute ResolutionThis Agreement is governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia, the Federal Magistrates Court and the Federal Court of Australia.
9.5 SeverabilityIf any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from the Agreement, and the remainder of the Agreement shall continue in full force and effect.
9.6 De-activation of Member AccountIf you wish to de-activate your Member Account you may do so by emailing the RAC at email@example.com. We reserve the right to refuse to re-activate your Member Account for any reason.
9.7 Termination of AccessRAC may terminate your Member Account at any time, with or without cause, with or without notice and effective immediately.
Clauses 6, 7, 8 and 9 of this Agreement shall survive termination of this Agreement.
9.8 Contact RACIf you have a question, problem or complaint or need to contact us:
Location: 832 Wellington Street, West Perth, WA, 6005.