Terms and conditions of use

  1. RACV Digital Platforms
    • The following terms and conditions (“Terms”) govern the use of the RACV Have Your Say website (the “Site”). The platform is owned and operated by Social Pinpoint Pty Ltd on behalf of the Royal Automobile Club of Victoria (RACV) Ltd (ABN 44 004 060 833) (us, we, our).
  2. Conditions of use
    • Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
    • By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
  3. Accounts
    • The Site allows you to set up an account so you can access your personal information and undertake certain transactions (‘Account’).
    • You can set up an Account by completing the registration process on the Site and providing details, such as a username and password, that you will need to use to log into your Account (‘Login Details’). You may also need to accept additional terms and conditions that govern your use of the Account and the services it provides.
    • You must keep your Login Details confidential. You must not provide your Login Details to any other person and you must not allow any other person to use your Login Details.
    • You must not use your Account, or the Site, to attempt to access anyone else’s information or to modify the details of any other person without their authority.
  4. Marketing
    • By:
      • creating a An Account on the Site; or
      • completing a transaction using the Site,
      you agree that RACV and its related bodies corporate may contact you with marketing and information about their products and services, discounts, special offers, competitions and invitations to special events, for an indefinite period unless and until you opt out of receiving these communications.You agree that any contact details provided by you can be used for these communications, including to contact you by post, phone, email and SMS.If at any time you wish to opt out from receiving these communications, please let us know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au) or any opt out means provided in the communications.
  5. Calculators, games and other features of the Site
    • The Site may contain or offer tools, calculators, games, software programs or other features to assist you in choosing from our products and services.
    • While we have taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.
    • Any figures used by these features in calculations are estimates only and may not take account of your particular circumstances.
  6. Copyright, trademarks and other Intellectual Property
    • What you can do: All the material on the Site is subject to the copyright of RACV or its third party licensors. You must not reproduce any of the material contained on the Site except that you may:
      • download a copy of the Site to the local hard drive of the computer or device used to access the site; and
      • print extracts (hard copies) of the Site, but only for your personal use.
    • What you cannot do:
      • copy, reproduce, alter, modify or display in public any of the material on the Site or otherwise incorporate into or store in any other websites, electronic retrieval system, publication or other work in any form; or
      • provide a link to the Site from another website without our prior written consent.
    • The RACV logo is a registered trademark of RACV. Other trademarks may be displayed on the Site from time to time. These may belong to RACV or to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo or trademark displayed on the Site, without the express written permission of the relevant owner.
  7. Conduct
    • You must not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws, regulations, codes of conduct, and any guidelines we may publish that govern your use of our social media site.
    • In particular, you agree not to:
      • use the Site for any other purpose, other than as a legitimate customer or for a non-commercial purpose;
      • use the Site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
      • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
      • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Site;
      • impersonate any person or entity; or
      • upload, post, email, transmit or otherwise make available using the Site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
      • do anything which might disrupt access to or cause damage to or interference with the Site, including using ‘robots’ or other automated ‘form completion’ tools;
      • take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas connected with the Site and software.
    • We retain the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, code of conduct, legal process or governmental request.
  8. Access
    • We make no representation in relation to and do not warrant that functions available on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
    • You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
  9. Privacy
    • Use of any personal data that you provide to us is governed by our Privacy Charter and any privacy collection notice made available to you when you visit or use the Site or your An Account.
  10. Advertising
    • Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the Site, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any third party advertising material published on the Site.
  11. Linking to the Site
    • If you wish to establish a link to the Site you must, in the first instance, use the ‘Contact Us’ details on racv.com.au and provide the following information:
      • the URL of the Site that you seek to establish a link from;
      • brief description of your website; and
      • the reason that you wish to establish a link.
    • If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide a new description of your website.
  12. Contributed material
    • If you wish to submit any content or other material to the Site, you agree to do so on the additional terms and conditions set out in this clause 17.
    • When you submit user contributed material, including text, images and photos ('Material') to the Site, unless we advise otherwise, you licence and grant to us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Material for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.
    • In particular, we reserve the right to do any of the following:
      • select Material to be displayed on the Site;
      • remove any Material at any time;
      • amend, alter, edit or delete any Material you submit without any right of attribution to you; and
      • use any photos submitted as Material in any way that we see fit.
    • In submitting Material, you:
      • warrant that any Material you submit is your own work and that you own all intellectual property rights in it; and
      • warrant that any Material you submit for publication or which is published on any Digital Platform.
    • When contributing Material to the Site, you must not include:
      • information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;
      • personal information, or the personal details of others such as phone numbers, mail or email addresses;
      • offensive or otherwise unsuitable images of a sexual or other inappropriate nature;
      • gratuitous swearing, profanity or spiteful remarks;
      • spamming, flaming or typing in ALL CAPS;
      • reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
      • false or misleading or deceptive information; or
      • misinformation or rumour.
  13. Disclaimers
    • The information on the Site is for general information purposes only. You must not rely on any statement on the Site without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained the Site, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
    • We make no representations or warranties and exclude all liability to the fullest extent permitted under applicable law:
      • in relation to any of the material of the Site (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
      • in relation to any material of any other websites referred to or accessed by a hyperlink through the Site ('Third Party Websites'). We do not endorse or approve the material of any Third Party Website, nor will we have any liability in connection with any Third Party Website howsoever arising; or
      • that the Site, or any of their material, is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using the Site.
  14. Liability and indemnity
    • You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the Site.
    • We do not exclude any rights and remedies available to you under the Australian Competition and Consumer Act 2010 (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the Site which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
    • To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
      • in the case of services supplied or offered by us:
        • the re-supply of those services; or
        • the payment of the cost of having those services re-supplied; and
      • in the case of goods supplied or offered by us:
        • the replacement of the goods or the supply of equivalent goods; or
        • the repair of the goods;
        • the payment of the cost of having the goods replaced; or
        • the payment of the cost of having the goods repaired.
    • You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:
      • the use of or access to, or any inability to use or access, the Site or any material on the Site;
      • unauthorised access to or alterations of your transmissions or data; or
      • statements or conduct of any third party on the Site.
  15. General
    • Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after the variation has been posted.
    • Severability: If any of these Terms are determined to be unfair, illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
    • Waiver: The failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
    • Applicable law: The information on our Digital Platform is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
    • Ownership: All contents of the Site are copyright © 2020 Royal Automobile Club of Victoria (RACV) Limited