Terms and Conditions of Use of iTestDrive Websites and Services

Introduction

This website and related on-line services (website) are owned by iTestDrive Pty Ltd, Australian Company Number 166 724 054, the various policies govern your use of this website and how we promote and handle information and respond to you under various circumstances described by the various policies. By using this website, you unconditionally accept these policies in full. If you disagree with them or any part of them, you must not use this website and iTestDrive accepts no responsibility whatsoever for any loss or damage that may arise from the use, reference or otherwise of this website or information and services contained within.

This website and related services also operates via an additional set of related polices that govern your use of this website and those related services. You should make yourself aware of all of these policies by reviewing them at the Policy Page.

Specifically, this website may collect Personal Information in order to fulfil the services you choose. By continuing using this website you are agreeing to these terms and conditions and you consent to iTestDrive collecting Personal Information in accordance with the terms of iTestDrive's Policy Page.

By continuing using this website you are agreeing to these terms and conditions and you consent to iTestDrive use of cookies in accordance with the terms of iTestDrive's Cookies Policy.

This website has an anti-spam policy. By continuing using this website you are agreeing to the anti- spam terms and conditions and you consent to iTestDrive Spam Policy.

License to Use Website and Service

Unless otherwise stated, iTestDrive and/or its licensors, agents, partners or sub-contractors own their respective intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download (for caching purposes only), and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Without express written permission from iTestDrive, you must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • Redistribute material from this website, except for content specifically and expressly made
    available for redistribution or purchased by you through this website.

Acceptable Use

You must not use this website: in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without iTestDrive’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without iTestDrive ‘s express written consent.

Restricted Access

Access to certain areas of this website is restricted. iTestDrive reserves the right to restrict access to any areas of this website, or indeed this entire website, at iTestDrive’s discretion.

If iTestDrive provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

iTestDrive may disable your user ID and password at iTestDrive’s sole discretion without notice or explanation.

User Supplied Material

In these terms and conditions, “User Supplied Material” means material (including without limitation in the form of text, images, paper, audio material, video material and audio-visual material of any digital format) that you submit to this website, for whatever purpose.

The original User Supplied Material will always remain the property of the supplier however upon supply, you grant to iTestDrive a worldwide, transferable, irrevocable, non-exclusive, royalty-free license to use, reproduce, translate, digitise or upload your user content for use by the website. You also grant to iTestDrive the right to sub-license these rights, and the right to bring an action against you or any other party for infringement of these rights.

iTestDrive is under no obligation to return User Supplied Material to the supplier once supplied.

Your User Supplied Material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or iTestDrive or a third party (in each case under any applicable law). In the event that you deliberately or otherwise breach this condition, iTestDrive accepts no responsibility whatsoever for any loss or damage that may arise from the use, reference or otherwise of this User Supplied Material or related information or services.

You must not submit any User Supplied Material to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

iTestDrive reserves the right to edit, remove or refuse to use any User Supplied Material submitted to this website, or stored on iTestDrive ‘s servers, or hosted or published upon this website.

iTestDrive is not responsible, accountable or liable for the accuracy of original or reproduced User Supplied Material. Any use of the User Supplied Material by the website is done so on an “as is” basis without any acceptance of liability by iTestDrive.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. iTestDrive makes no representations or warranties in relation to this website or the accuracy, currency or relevance of data or information and materials provided on or used by this website.

Without prejudice to the generality of the foregoing paragraph, iTestDrive does not warrant that:

  • this website will be constantly available, or available at all; or
  • The information on this website or used by this website is complete, true, accurate or non- misleading.

iTestDrive’s services is based on a series of computer based algorithms (which is subject to change) and may use User Supplied Material producing a result for your own independent analysis and decision making. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

iTestDrive will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business or personal losses, loss of revenue, income, profits or anticipated savings, loss of contracts or cusotmers or sales leads or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if iTestDrive has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit iTestDrive’s liability in respect of any:

  • death or personal injury caused by iTestDrive’s negligence;
  • fraud or fraudulent misrepresentation on the part of iTestDrive; or
  • Matters which it would be illegal or unlawful for iTestDrive to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, iTestDrive has an interest in limiting the personal liability of its directors, officers, employees and shareholders. You agree that you will not bring any claim personally against iTestDrive’s directors, officers, employees and shareholders in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect iTestDrive’s directors, officers, employees, shareholders, agents, subsidiaries, successors, assignees and sub-contractors as well as iTestDrive.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify iTestDrive and undertake to keep iTestDrive indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by iTestDrive to a third party in settlement of a claim or dispute on the advice of iTestDrive’s legal advisers) incurred or suffered by iTestDrive arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to iTestDrive’s other rights under these terms and conditions, if you breach these terms and conditions in any way, iTestDrive may take such action as iTestDrive deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings or other legal relief against you.

Variation

iTestDrive may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

iTestDrive may transfer, sub-contract or otherwise deal with iTestDrive’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with any other iTestDrive policy, constitute the entire agreement between you and iTestDrive in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the applicable laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.

Ownership of Copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio- visual material on this website) is owned by iTestDrive and where indicated by its licensors, agents, partners or sub-contractors.

Copyright License

iTestDrive grants to you a limited, non-exclusive, royalty-free, revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory for your sole personal and non-commercial use; and
  • print pages from this website for your sole personal and non-commercial use.

iTestDrive does not grant you any other rights in relation to this website or services provided though the website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without iTestDrive’s prior written permission.

Data Mining

The automated and/or systematic collection of data from this website is prohibited.

Analysis Data and Timeframes

Certain data underlying the website and the provision of related services is made available by the third party service providers and is subject to change by those providers. These changes are beyond the control of iTestDrive. iTestDrive takes reasonable measures to ensure it maintains this data as far as practical. Services presented at one point in time may not produce the same results from an earlier or at a later presentation. This website and services and the data used to provide the services is provided “as is” without any representations or warranties, express or implied. iTestDrive makes no representations or warranties in relation to this website or the accuracy, currency or relevance of data or information and materials provided on or used by this website.

Permissions

You may request permission to use the copyright materials on this website by writing to us by completing the form on the Contacts page.

Enforcement Of Copyright

iTestDrive takes the protection of its copyright very seriously.

If iTestDrive discovers that you have used its copyright materials in contravention of the license above, iTestDrive may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of iTestDrive copyright materials that contravenes or may contravene the license above, please report this by completing the form on the Contacts page.

Infringing Material

If you become aware of any material on the website that you believe infringes iTestDrives or your or any other person's copyright, please report this by completing the form on the Contacts page.

iTestDrive’s Contact Details

The full name of iTestDrive Pty Ltd , Australian Company Number 166 724 054 iTestDrive Pty Ltd is registered in the Australian Capital Territory.

iTestDrive’s contact details are:
Level 2, 27 Altree Court, Phillip
Canberra, A.C.T, 2606

You can contact iTestDrive electronically by completing the form on the Contacts page.