Terms and Conditions

MTA NSW Website Terms & Conditions (Terms of Use)

1. MTA NSW Website

The Motor Traders’ Association of NSW ABN 63 000 008 088 ("MTA NSW") websites, under the domain name www.mtansw.com.au. The Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to the Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

The laws applicable to use of the Website and to disputes arising out of the Website are the laws applying in the State of New South Wales in Australia. If you access the Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

2. Anti-spam notice

Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by MTA NSW as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

3. Website Content

Material or information ("Content") on the website is subject to periodic changes and may include technical inaccuracies or typographical errors. MTA NSW respectively do not warrant the accuracy, completeness or adequacy of the Content in the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.

MTA NSW reserves the right to moderate any user-generated Website Content as it considers appropriate, including in forums and any Q&A.

The information on this website is factual information or general advice only and has been prepared without taking into account your particular objectives, financial situation or needs. Before selecting any product or service or acting on any advice you should consider the appropriateness of the advice having regard to your objectives, financial situation and needs. If any information on this Website relates to a particular product or service, you should obtain any relevant disclosure statement for that product or service before making a decision about whether to acquire the product or service

4. External links and advertisements

The Website contains links to websites maintained by other organizations over which MTA NSW. MTA NSW do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

MTA NSW does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked or is responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services. You must not create or maintain any link from another website to the Website without our written consent.

5. Limitation of liability

MTA NSW (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will MTA NSW be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

Neither MTA NSW nor MTA NSW Advice shall be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

MTA NSW excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, MTA NSW's liability respectively for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.

6. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on the Website under a license or agreement, all the Content of the Website and downloads from it, is owned by MTA NSW. All rights are reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

MTA NSW grants you permission to do the following with the Content unless otherwise indicated:

• store a reproduction of the Content on your local computer for the sole purpose of viewing it
• print hard copies of the Content for non-commercial use or personal use only
• reproduce or distribute any complete page of the Content so long as: you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document you do not modify the copy from how it appears on the Website (unless expressly authorised by MTA NSW)
• this copyright notice appears in its entirety in each copy made or distributed, and the content is appropriately attributed to MTA NSW as relevant.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the Content on the Website including audio and video excerpts without the prior written approval of MTA NSW as relevant.

7. Copyright in other material

MTA NSW makes no warranties or representations that third party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

8. Trademarks

Trademarks including but not limited to the words "MTA NSW", unless otherwise indicated, are owned by MTA NSW in Australia and may be the subject of rights in other countries. You must not use MTA NSW's trademark except: (i) by saving or printing out a copy of the Website as permitted by the copyright notice above; (ii) as permitted by written agreement from MTA NSW as relevant.

The Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

9. Indemnification

You agree to indemnify, defend and hold harmless MTA NSW, their officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. MTA NSW respectively reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

10. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms.

11. Variation of terms of use

MTA NSW reserves the right, at their sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

12. Website unavailability

MTA NSW does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of MTA NSW.

13. Creating an account

Whether you are a member of MTA NSW or a non-member, you may need to create an account in order to purchase products and services from the Website. Members may be entitled to receive discounts when purchasing products or services, or registering for courses, via the Website. Access to some areas of the Website are also be restricted to members only.

14. Password requirement

MTA NSW members may obtain a password by logging into the relevant website and registering for a password. For further information, please contact us. MTA NSW may refuse to issue a password, in their sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

15. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the Website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

16. Participation in competitions

All competitions that you may enter on the Website are governed by relevant Australian State, Territory and/or international gaming legislation (as applicable) and any specific rules and terms and conditions of the competition. You are encouraged to read these carefully before entering into any competitions.

Limitation of liability

(3) To the extent permitted by applicable law, MTA NSW, its employees, agents and consultants exclude all liability for any loss or damage claims and expenses including but not limited to legal costs, indirect special or consequential loss or damage (including but not limited to, negligence) arising out of the information in this tool. Where any law prohibits the exclusion of such liability, MTA NSW limits its liability to the resupply of the information.

Purchasing

17. Payments

MTA NSW securely handles payments in accordance with The Payment Card Industry Data Security Standard (The PCI-DSS) and Australian privacy laws. The Website uses secure payment data stored in CyberSource’s PCI DSS certified data centres.

A tax invoice (receipt) will be issued for completed purchases. Any dispute regarding the invoice must be notified to MTA NSW as relevant within two business days of receipt of invoice.

The following payment options are available:

• Credit card
• PayPal
• Capricorn

The following credit cards are accepted:

• Visa
• Mastercard

18. Prices

All sales are in Australian dollars $AUD.

Prices are correct at the time they appear on the Website. However, MTA NSW reserves the right to change prices at any time, including due to currency fluctuations.

Prices have a goods and services tax ("GST") component which you may check at point of payment in the shopping cart. GST will apply depending on the item or product you are purchasing, and the location you are purchasing from. Unless otherwise stated the prices include processing, handling and delivery charges (as applicable) for delivery to your nominated location. Orders will be shipped upon payment received.

19. Refunds and Returns Policy

Your item must be in its original unused condition to be returned, unless there is a manufacturer defect. You must return the item within 14 days of your purchase.

Please email stationery@mtansw.com.au to request a refund.

Return Exceptions
Some items cannot be returned if they are opened. Merchandise that has been used or altered will not be accepted for return or exchange.

We also do not refund the original shipping and handling that you paid on the order.

20. Shipping Policy