Terms of Use

1. Background

1.1 The following websites (each a Website) are owned and operated by Pedder's Shock Absorber Service Pty Ltd ACN 004 848 435 and its related entities (Pedders, we, us, our):

(a) our main website at www.pedders.com.au; and

(b) any specialist or external Pedders-branded websites, including:

(i) www.weightmatrix.pedders.com.au;

(ii) www.learning.pedders.com.au; and

(iii) www.pedders.lb41.virtualslate-hosting.com.au/login/index.php.

The Websites also contain information regarding Pedders' franchise stores and authorised dealers (Pedders Network Members). A reference in these terms to the "Pedders Group" includes Pedders and the Pedders Network Members.

1.2 By using a Website and in consideration of Pedders providing you with access to that Website, you agree that these Website Terms of Use govern your access to and use of the Website and you accept and agree to comply with them.

1.3 If you do not agree to these Website Terms of Use, you must not use or access the Websites.

1.4 We reserve the right to amend these Website Terms of Use from time to time without giving specific notice to you. We will publish the amended Website Terms of Use on the Website.

1.5 You should periodically review the Website Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms of Use.

2. Changes to the Website

2.1 We may, from time to time and without notice:

(a) change, add to, or remove content or functionality of the Websites; and

(b) cease, interrupt or withdraw access to a Website for any reason, including for upgrades and maintenance of the Website.

3. Your conduct and responsibilities

3.1 You must not:

(a) use a Website in breach of any applicable laws or regulations;

(b) use a Website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) use a Website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;

(d) frame or mirror any part of a Website without our written authorisation; or

(e) interfere with, disrupt, or create an undue burden on a Website. 3.2 Without limiting 3.1, you must not and must not permit a third party to:

(a) misuse a Website, or knowingly or negligently introduce viruses, trojans, worms, logic bombs or other material to a Website that is malicious or harmful;

(b) attempt to gain unauthorised access to the Website, the server on which a Website is stored or any server, computer or database connected to a Website;

(d) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, scraping, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking any data or content on a Website;

(e) circumvent, disable or otherwise interfere with security-related features of a Website;

(f) use, obtain, or attempt to obtain from a Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;

(g) create derivative works from any Website content, information, software, or services obtained from a Website, including to create products or services competitive with our products and services;

(h) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of a Website or its contents or reproduce all or any portion of the said components; or

(i) do anything which will or may damage, disrupt access to or interfere with the proper operation of a Website.

3.3 We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user.

3.4 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of a Website, the quality of our goods and services and our reputation. These actions may include (but are not limited to) suspending or blocking your access to the Website (and/or your account for a Website), reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

3.5 If you believe that a user has breached any of the above conditions, please contact us by email at help@pedders.com.au.

3.6 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the Website.

3.7 You are responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.

4. Intellectual Property

4.1 PEDDERS, PEDDERS SUSPENSION & BRAKES, PEDDERS SUSPENSION, NO BULL, LoadRyder, TRAKRYDER, SPORTS RYDER, WEIGHT MATRIX, Pedders GVM+, Pedders GCM+, Better Journeys and their related logos, are trade marks of Pedder's Schock Absorber Service Pty Ltd or its related entities (Our Trade Marks).

4.2 Trade marks used on a Website or in newsletters, offers or notifications to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).

4.3 You must not, and must not authorise any third person to use, copy, reproduce or modify:

(a) Our Trade Marks for any purpose, other than with the prior written consent of Pedders; or

(b) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

4.4 Unless otherwise indicated, the intellectual property rights in each Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Website Content are reserved.

4.5 We grant you a limited right to access the Websites and view the Website Content to the extent required for you to use the Websites for your own personal use, subject to these Website Terms of Use. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content. We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.

4.6 We reserve the right to aggregate and analyse data that we collect through the operation of the Websites. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Websites in the course of using the Website and our services. With this data, we may:

(a) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and

(b) use the data to identify and offer you products and services (as well as products and services of our related bodies corporate and trusted third party partners) that we think you may be interested in, unless you have opted out from marketing.

5. Links and Third Party Content

5.1 The Websites may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).

5.2 Third Party Content and Third Party Websites are not under the control of Pedders. Pedders does not endorse, approve or make any warranty or claim regarding Third Party Content (including User Content), Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.

5.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

5.4 We may receive fees or commissions from third parties for products or services displayed or made available on the Websites or accessible through a link on the Websites, and we may pay fees or commissions for referrals made to us, and you acknowledge and consent to us receiving such fees or commissions.

6. User Content and accounts

6.1 We may from time to time offer areas on our Websites where you and other users can post, upload or otherwise submit comments, suggestions, feedback, ideas and other information or materials (User Content).

6.2 By uploading or providing User Content, you represent and warrant that:

(a) you own or otherwise have all necessary rights in the User Content to provide it to us and for it to be used by us on the terms of these Website Terms of Use;

(b) the User Content is true and accurate, not misleading, and does not contain any unlawful, illegal, offensive, threatening, abusive, defamatory, sexually explicit, obscene, or infringing material;

(c) the User Content does not, and its use by Pedders in accordance with these Website Terms of Use will not, infringe the rights of any other person or entity, including intellectual property rights, moral rights and rights of confidentiality, privacy and publicity;

(d) if the User Content contains an image or personal information of another person, you have that person's consent to upload and provide it; and

(e) the User Content complies with applicable laws.

6.3 By sending, posting or uploading the User Content to us:

(a) you retain ownership of the intellectual property rights (if any) in the User Content;

(b) you grant us (and our successors) a worldwide, non-exclusive, transferable, royalty-free, perpetual and irrevocable right to use, copy, reproduce, modify, distribute, transmit, create derivative works of, publish and perform the User Content in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on the Websites, and the right for us to sub-licence (through multiple tiers) the foregoing rights to third parties;

(c) you consent to us, our successors and sub-licensees doing anything in relation to your User Content that, but for this clause, would otherwise infringe any moral rights you may have in the User Content under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions; and

(d) you acknowledge and agree that all User Content is deemed non-confidential, unless we have specifically agreed otherwise in writing at the time you provide the User Content to us.

6.4 You acknowledge and agree that we have the right (but not the obligation) to edit, modify, remove or refuse to use or publish any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party. We are not responsible for information that you choose to communicate via our Websites.

6.5 Pedders also has the right to disclose your identity to any third party who is claiming that any User Content constitutes a violation of their intellectual property rights or of their right to privacy.

6.6 Some of the Websites may allow you to create a user account for those Websites. When creating an account, you will be asked to choose a password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorised by you.

6.7 Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of the website at any time, and must not disclose your account password to any third party. You must notify us immediately if you suspect any unauthorised use of your account or access to your password.

7. Cookies

7.1 The Websites may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by the Website's servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.

7.2 It is recommended that you accept cookies to make full use of the Websites. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.

7.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the Websites to the fullest and optimum extent.

7.4 We may use the cookies on the Websites (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our Websites and on third party websites, social media platforms and advertising networks. Please see our Privacy Policy for further information.

8. Australian Consumer Law

8.1 In this clause, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.

8.2 The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these website terms of use has the effect of excluding, restricting or modifying a consumer's rights under the Australian Consumer Law or any other applicable statutory rights that cannot be excluded, restricted or modified.

9. Disclaimers and limitation of liability

9.1 This clause 9 does not apply to products or services you purchase from the Pedders Group, including those services (such as car servicing) that you schedule or products you purchase via a Website. Our liability in relation to the provision of any such services and products is governed by the Sales Terms and Conditions (available at: Terms and Conditions).

9.2 To the maximum extent permitted by law (but subject to clauses 8 and 9.1), you agree that:

(a) where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee and we breach such Consumer Guarantee insofar as it relates to a Website/use of a Website, or if we otherwise breach the Website Terms of Use, we limit our liability for any such breach to:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again; and

(b) the Websites and the Website Content is provided "as is" and may not be accurate, complete or up-to-date;

(c) by accessing the Websites, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Websites or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:

(i) any term, condition or warranty that may otherwise be implied into these Website Terms of Use, including (but not limited to) any term, condition or warranty that:

(A) the Websites or any of their functions will be uninterrupted or error free or that defects will be corrected; or

(B) the Websites or any server that makes them available are free of errors, viruses or malicious code;

9.3 To the extent permitted by law, neither party is liable to the other for any special, indirect or consequential loss suffered or incurred, however caused (including negligence), arising out of or in connection with the Website Content, the use or performance of a Website or a breach of these Website Terms of Use. The foregoing exclusion does not apply in relation to any infringement or misuse of the other party's intellectual property rights or to loss or liability caused by a party's fraud or wilful misconduct.

10. Privacy

10.1 By using a Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms of Use, as described in our Privacy Policy and any other privacy notices that we provide you during your use of the Website.

10.2 When you use a Website, we collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:

(a) any specific purposes for which you provided it to us and related purposes;

(b) the general operation of the Website, so that you can access and use the functions and services of the Website, and so we can monitor how users utilise the Website;

(d) if you provide your contact details, to contact and communicate with you, including via electronic messaging, in relation to your use of the Website or our products and services.

10.3 If you don't provide any of the information requested, we may not be able to provide all of the Website's functionality or otherwise transact with you.

10.4 We may disclose the personal information we collect from or about you to members of the Pedders Group and to our or their service providers and suppliers who provide us with (or help us to provide) the Websites and our products and services.

10.5 If you choose to use certain features of a Website, your information may be shared with other users as part of these features (for example, direct messaging and public forums). We ask that you carefully consider what information you choose to share and post on the public sections of a Website.

10.6 Our Privacy Policy (available at: Privacy Policy) describes how Pedders collects, holds, uses and discloses personal information, whether we transfer personal information overseas, how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.

11. Jurisdiction

11.1 These Website Terms of Use are governed by the laws of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11.2 We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access a Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

12. Contact

If you have any queries regarding these Website Terms of Use, please contact Pedders by email at help@pedders.com.au.