\\n Connect Auto Parts Marketplace MOBILE APPLICATION\\n
\\n\\n USER TERMS & CONDITIONS\\n
\\n1. By clicking “I agree with the Terms and Conditions” on the Connect Auto Parts Marketplace mobile application activation screen, I confirm I have read these Terms and Conditions (T&Cs) carefully, and agree to be bound by them:\\n
\\n2. I agree my access to, and use of, the Connect Auto Parts Marketplace mobile application (the App) is conditional upon my accepting and agreeing to comply with these T&Cs.\\n
\\n3. I warrant that I am over 18 years of age and are otherwise able to enter into a legally binding contract. If I am under 18 years of age I warrant I have the consent of my parent or guardian to use the App and they agree to be bound by the T&Cs on my behalf.
\\n4. \\n \\n Intellectual Property:\\n \\n
\\n4.1 I acknowledge that the app, and all its content, services, features and functionality are, and remain, the exclusive property of St John's College (CAP) and its licensors.\\n
\\n4.2 I agree I will not use CAP trademark or CAP trade dress in any way without the express written consent of CAP.
\\n4.3 I acknowledge that by clicking “I agree with the Terms and Conditions” on CAP Toolbox mobile application activation screen, and/or by using the app, there has been no transfer of intellectual property rights between CAP and me.
\\n5. \\n \\n Registration and use of the app:\\n \\n
\\n5.1 I acknowledge that I have registered to use the app with CAP. I agree that by doing so, I will be the only person to use the app under my registration and I will not provide my registration details to another person, or will provide any information or material on the app, to another person, without the express written permission of CAP.
\\n6. \\n \\n The information on the app is not legal or financial advice: \\n \\n
\\n6.1 I acknowledge all information appearing on the app is merely a guide only. I further acknowledge that it does not, in any way, constitute legal advice or financial advice and I do not rely on it as such.
\\n7. \\n \\n Privacy and personal information:\\n \\n
\\n7.1 I understand that in registering to use the app, CAP may have collected my personal information. I also understand, my use of the app, may involve the collection of my personal information. I authorise CAP (and any third party provider acting on behalf of CAP) to collect and use any personal information it has gathered by my registration for the app, and by my use of the app, on the basis that CAP will treat that personal information in accordance with CAP’s Privacy Statement, which is available for viewing at \\n www.connectautoparts.com.au.\\n
\\n7.2 I confirm I have read and understand the contents of CAP’s Privacy Statement. I also understand the terms “personal information” and “third party provider” in these T&Cs, have the same meaning given to those terms in CAP’s Privacy Statement.
\\n8. \\n \\n Links to other web sites:\\n \\n
\\n8.1 I acknowledge the app may contain links to web sites or services that are not owned, operated or controlled by CAP (third party site/s).\\n
\\n8.2 I acknowledge CAP has no control over those third party site/s and assumes no responsibility for them. I further acknowledge and agree that I will not hold CAP liable directly or indirectly for any damage or loss caused, allegedly caused, or contributed to, in connection with the use of the third party site/s, or reliance upon any content, information, goods or services available on or through any third party site/s.
\\n8.3 I acknowledge the links to third party site/s on the app are done for convenience only and the presence of any link to a third party site/s on the app, does not indicate any endorsement (even an implied endorsement) by CAP about the third party site/s or anything contained on or made available through that third party site/s. I further acknowledge that by using a link on the app I do so at my own risk. I agree I will not hold CAP liable for any loss or damage occasioned, or allegedly occasioned by me, through the use of any third party site/s.
\\n9. \\n \\n Termination: \\n \\n
\\n9.1 I agree CAP may, at its sole discretion, and with or without giving me notice, terminate (or restrict in anyway CAP sees fit) my access to the app.
\\n9.2 I agree that upon termination, my right to use the app ends immediately.
\\n9.3 If my right to use the app is terminated, I agree to continue to be bound by any clause(s) of the T&Cs which survive that termination.
\\n9.4 If any law requires CAP to provide notice of termination or notice of restriction of use of the app, I agree that CAP may provide me with that notice in anyway it sees fit including by sending the notice to any email address it has in its records as belonging to me.
\\n9.5 I agree I will not hold CAP liable for any loss or damage occasioned or allegedly occasioned arising out of the termination of my access, or restriction of my access to the app.
\\n10. \\n \\n Changes to the T&Cs:\\n \\n
\\n10.1 I acknowledge that CAP may at its sole discretion change, alter, amend or replace these T&Cs (either in part or full). In the event of any change, alteration, amendment or replacement to the T&Cs (or part thereof), I acknowledge that CAP will endeavour to provide notice of that change, alteration, amendment or replacement within 7 days of it taking effect. I agree to that notice being sent to any email address CAP has on file as belonging to me.
\\n10.2 I acknowledge and agree that it is my sole responsibility to check these T&Cs for any changes; that if there is anything in them with which I disagree I will stop using the app immediately; and that my continued use of the app is deemed as being my acceptance of the T&Cs.
\\n11. \\n \\n Notice:\\n \\n
\\n11.1 I agree CAP may provide notice under these T&Cs by providing me with that notice in anyway it sees fit including by sending the notice to any email address it has on its records as belonging to me.
\\n12. \\n \\n Indemnity: \\n \\n
\\n12.1 I agree that it is a condition of me accessing and using the app that I will indemnify CAP for any, and all, damage, loss, cost, expense and any other liability I may incur, relating to any claim arising out of my use of, and access to, the app.
\\n12.2 I agree this indemnity extends to any claim relating to my breach of these T&Cs.
\\n12.3 I agree this indemnity extends to any claim made against me by any person by the breach of these T&Cs.
\\n12.4 I hereby expressly acknowledge and agree that this indemnity remains in force once the right to access and use the app ends (whether through termination under clause 9, through the operation of any law, or otherwise).
\\n13. \\n Limitation of liability:\\n
\\n13.1 I agree CAP will not be liable for any loss or damage suffered as a result of my use of the app.
\\n13.2 I warrant that in using the app I have adequate software and hardware security protection and maintain proper back up of my electronic data. I understand and agree that the maintenance of that data, and the protection of my electronic data, is my sole responsibility, and I will not make a claim against CAP for lost data, work delay, lost profit, or any other loss arising from the use of the app.
\\n14. \\n Disclaimer:\\n
\\n14.1 I understand that I use the app at my sole risk. I further understand and acknowledge that the app is provided on an “AS IS” and “AS AVAILABLE” basis, without CAP having made any warranty (either express or implied) including any warranty about the app’s fitness for purpose or merchantability.
\\n14.2 I hereby acknowledge that CAP have made no, and make no, warranty or representation that the app:
\\n14.2.1 Will function without interruption;
\\n14.2.2 Be secure or available at any time or location;
\\n14.2.3 Be free from errors or defects;
\\n14.2.4 Contains no viruses or harmful programs which may infect the device onto which I download the app or any associated and/or linked device; or
\\n14.2.5 Will meet my expectations or requirements.
\\n14.3 I also agree to hold CAP entirely free from any liability or damage which I might incur from my use of the app, or from any interruption to my use of the app, or from my inability to access the app at any time.
\\n14.4 I agree to exclude CAP, to the fullest extent permitted by law, of all liability and fault whatsoever, in relation to the app, my downloading of the app, my use of the app, and any interruption of my use of the app.
\\n14.5 I agree, that in the event CAP pursue legal proceedings against me arising out of the app or these T&Cs (or a breach of these T&Cs) I will indemnify CAP for any cost (including legal costs) it may incur.
\\n15. \\n \\n Jurisdiction:\\n \\n
\\n15.1 I acknowledge that these T&Cs are to be governed and construed in accordance with the law of the state of Queensland, Australia.
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