Website and Social Media Terms of Use

1.1 This website is operated by Just Car Insurance Agency Pty Ltd (ABN 41 050 238 563) (“Just Car”) and it includes all web pages under or forming part of the domain name “www.canvas2kickass.com” (“Promotional Website”). The Promotional Website’s domain name is owned by George Patterson Y&R Pty Ltd (ABN 67 117 645 708).

1.2 Your use of the services, information, text, graphics, materials and other content on any part of the Promotional Website (“Material on this Website”) and/or any Just Car operated social media forum (“Social Media Forum”) is governed by these Website and Social Media Terms of Use and the associated Privacy and Security Statement. By using this Promotional Website and/or a Social Media Forum you agree to be bound by these Website and Social Media Terms of Use.

1.3 In addition to the Website and Social Media Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Promotional Web, parts of this Website or Social Media Forum operated by Just Car, or to products and services featured on this Promotional Website. You will be bound by these additional terms, as applicable. For example, the insurance products and services offer by Just Car online are described, and subject to the terms of use found at www.justcarinsurance.com.au (“Just Car Website”).

1.4 Should you decide to register for and, at your option, participate in the canvass2kissass promotion (“Promotion”) you will additionally be bound by the CANVAS2KISSASS PROMOTION TERMS & CONDITIONS (“Promotion Terms and Conditions”) which can be found on this Promotional Website. With respect to registered entrants, if any term within these Website and Social Media Terms of Use should conflict with the Promotion Terms and Conditions, the later will prevail to the extent of the conflict. Should you decide to participate in a supporting promotion (to the main Promotion) you will be additionally bound by the terms and conditions of that supporting promotion, which will be displayed on this Promotional Website. With respect to any entrants into a supporting promotion, if any terms within these Website and Social Media Terms of Use should conflict with the specific terms of the supporting promotion, the later will prevail to the extent of the conflict.

1.5 As part of the Promotion and any supporting promotion Just Car operates user pages and/or content on multiple Social Media Forums, which are owned and hosted by third party providers. These Website and Social Media Terms of Use apply to the use of each Just Car operated Social Media Forum. Each Social Media Forum additionally requires its client to agree to, and comply with, its own specific terms of use. If any term within these Website and Social Media Terms of Use should conflict with the Social Media Forum’s terms and use, the later will prevail to the extent of the conflict.

2.1 The Promotional Website and/or Social Media Forums may contain links to websites which are owned or operated by third parties independent of Just Car (“Third Party Websites”). Just Car does not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites (“Third Party Material”)

2.2 The Promotional Website and/or Social Media Forums may contain or link to information about special offers, deals or promotions by persons not related to or part of Just Car (“Third Party Offers”). Just Car does not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers.

2.3 Subject to any applicable law which cannot be excluded, Just Car makes no warranties or representations:
a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or
b) that Third Party Material does not infringe the intellectual property rights of any person.

2.4 Just Car is not authorising the reproduction of Third Party Material by linking Material on this Website or material on a Social Media Forum to Third Party Material.

2.5 When following a link on the Just Car Website, material at a Third Party Website may be displayed in your browser framed by Material on this Website. This material is also Third Party Material for the purpose of these Terms of Use.

3.1 Your privacy and security is very important to Just Car. We collect certain information from you and it’s used by the Promotional Website and/or the Social Media Forum in order to provide with the online services or interactions. For example, we collect your information if you post a comment on the Promotional Website or if you register for the Promotion or a supporting promotion. The Just Car Website may record and track the use you make of this Promotional Website and/or a Social Media Forum. The use of this data is subject to our Privacy and Security Statement, which forms part of these Website and Social Media Terms of Use. You should read in full if you are interested in how your information will be handled.

4.1 This Promotional Website and/or a Social Media Forum may contain information of a general nature about Just Car and Just Car products and services. It may also contain product offers. Just Car sells its products and services on the Just Car Website (see term 1.3) or by telephone by calling 131326 during Melbourne business hours. Just Car is an authorised representative of Australian Associated Motor Insurers Ltd (“AAMI”), who is the issuer of Just Car’s insurance products. You should always read the relevant product disclosure statement before deciding to purchase, hold or renewal a Just Car insurance policy.

4.2 When entering into a transaction via the Promotional Website and/or a Social Media Forum, whether it be the uploading of a comment or registering or participating in the Promotion or a supporting promotion, the transaction will not be completed until your electronic instruction (being any electronic instruction, information, message, request or communication issued or transmitted) is received, accepted and processed by the Promotional Website or the Social Media Forum (whichever is relevant), and any specific steps or requirements for that transaction have been complied with.

5.1 The Promotional Website and/or the Social Media Forum may contain or make available various tools, software programs, games or other features which assist you in finding out more information about the Promotion, a supporting promotion, Just Car’s promotional partners, and the products and services offered by Just Car. The Promotional Website and/or the Social Media Forum may also contain other useful information.

5.2 Whilst Just Car has undertaken reasonable steps to ensure that any such features or information as described in 5.1 above are accurate and free from defect, Just Car does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an “as is” basis. The use by you of any of these features or any information provided is entirely at your own risk.

6.1 All applications for Just Car insurance products or services made following your visit to the Promotional Website and/or a Social Media Forum are subject to and must comply with Just Car’s normal insurance acceptance criteria and are governed by the normal terms and conditions applying to each product or service requested. Details of the insurance products Just Car offers can be found at the Just Car Website (see 1.3). You should always read the relevant Product Disclosure Statement before proceeding.

7.1 When a user of the Promotional Website (whether a registered entrant of the Promotion or not) and/or a Social Media Forum (“User”) submits any materials via the Promotional Website and/or Social Media Forum including comments, recordings or images (“Content”), the User, unless the Just Car advises otherwise, licenses and grants Just Car, its 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 Content 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.

7.2 Users agree that they are fully responsible for the Content they submit. Just Car shall not be liable in any way for such Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any User. Just Car may screen and/or remove and/or request that the third party operator of any Social Media Forum remove any Content without notice for any reason whatsoever. Users warrant and agree that: (a) they will not submit any Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, unreasonably commercial (for example, a ‘guerrilla marketing’ attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication; (b) they will obtain prior consent to the submission of their Content from all persons who appear in or have any rights in relation to any property that appears in their Content; (c) their Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the User, they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

7.3 Without limiting any other terms herein, the User agrees to indemnify Just Car for any loss Just Car may suffer in relation to any breach of the above terms.

7.4 Users consent to any use of their Content in accordance with term 7 which may otherwise infringe their moral rights pursuant to the Copyright Act 1968, including Just Car or its affiliates and sub-licensees using and reproducing that Content without attributing it to the User, or making modifications or adaptations to the content for the purpose of reproducing, publishing or displaying the Content in another media. Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Content. The User agrees to indemnify Just Car against all costs and claims by third parties arising from a breach of this warranty.

8.1 Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by law, which law cannot be excluded, Just Car does not warrant the accuracy, adequacy or completeness of Material on this Website and/or materials on a Social Media Forum. All information is subject to change without notice. Just Car does not guarantee that the Promotional Website, the Social Media Forums or Third Party Websites will be free from viruses, or that access to the Promotional Website, Social Media Forums or Third Party Websites will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

9.1 Subject to any responsibilities implied by law and which cannot be excluded, Just Car, and its directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Website, to materials on a Social Media Forum, to Third Party Material, third party services, or to access of the Promotional Website and/or a Social Media Forum by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

10.1You indemnify Just Car in respect of any liability incurred by Just Car for any loss, cost, damage or expense, howsoever caused, suffered by Just Car as a result of your breach of the Website and Social Media Terms of Use, or your use of the Promotional Website.

11.1 The Promotional Website and/or the Social Media Forums do not purport to provide you with personal financial or investment advice of any kind. The information available via the Promotional Website and/or the Social Media Forums does not take account of your particular financial or insurance position or requirements. Just Car recommends that you seek independent advice before acting upon Material on this Website, a Social Media Forum or Third Party Material.

12.1 Since electronic services are subject to interruption or breakdown, access to the Promotional Website and/or Social Media Forums is offered on an “as is” and “as available” basis only.

12.2 Just Car may impose limits or restrictions on the use you may make of the Promotional Website and/or Social Media Forums. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Website and Social Media Terms of Use, Just Car may withdraw the Promotional Website and/or a Social Media Forum at any time and without notice to you

12.3 Any cost associated with accessing the Promotional Website and/or Social Media Forum is the User’s responsibility and is dependent on the internet or telecommunications service provider used.

13.1 You agree that you will not, (either yourself or through any third party):
a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) or manual process to monitor, copy or extract any web pages on the Promotional Website and/or Social Media Forum, or any of the information, content or data contained within or accessible through the Promotional Website and/or Social Media Forum, without Just Car's prior written permission;
b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Promotional Website and/or Social Media Forum with information, content or data accessible via or sourced from any third party;
c) use any information on or accessed through the Promotional Website and/or Social Media Forum for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Promotional Website or any Social Media Forum or any transaction or process being conducted on or through it;
e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Promotional Website and/or Social Media Forum;
f) reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Promotional Website and/or Social Media Forum; or
g) copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from the Promotional Website and/or Social Media Forum without Just Car's prior written permission.

14.1 Parts of this Promotional Website, or the provision of services offered via this Promotional Website, may be outsourced to third party providers. These Website and Social Media Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use.

15.1 Copyright in the Material on this Website and/or any Social Media Forum is owned or licensed by Just Car.

15.2 Except where necessary for and incidental to viewing the Material on this Website and/or a Social Media Forum via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website and/or a Social Media Forum may be reproduced, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Just Car.

15.3 “Just Car Insurance” and the “Just Car Insurance” registration plate-style logo are both registered trademarks of Just Car Insurance Agency Pty Ltd.

15.4 Third party trademarks are trademarks of the respective third parties.

16.1 These Website and Social Media Terms of Use and your access to the Promotional Website and/or a Social Media Forum may be terminated at any time by either party without notice to the other. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of Just Car, will survive any termination.

16.2 Upon termination, you must not directly or indirectly access or use the Promotional Website and/or the relevant Social Media Forum or any Material on this Website or material on the relevant Social Media Forum.

17.1 You acknowledge and accept that your use of the Promotional Website and/or the Social Media Forums (whichever is relevant) indicates your acceptance of these Website and Social Media Terms of Use and the Security and Privacy Statement.

17.2 These are the current Website and Social Media Terms of Use. They replace any other terms of use for the Promotional Website and/or the Social Media Forums published on the Promotional Website to date. Just Car may at any time vary these Website and Social Media Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Promotional Website and/or the Social Media Forums, by publishing the varied Website and Social Media Terms of Use on the Promotional Website. Just Car will indicate on the Promotional Website that these Website and Social Media Terms of Use have changed; however, Just Car is under no obligation to specifically contact or notify you of any variation to these Website and Social Media Terms of Use. You accept that by doing this, Just Car has provided you with sufficient notice of the variation. By your use of the Promotional Website and/or a Social Media Forum after any variation, you are taken to have accepted the new Website and Social Media Terms of Use.

18.1 If you are dissatisfied with your dealings with Just Car in relation to the canvas2kissass promotion, the Promotional Website or any of Just Car’s Social Media Forums, please let us know by emailing us at: contactus@justcarinsurance.com.au. We will promptly review your email and contact you with a reply or to ask you for further information, if it’s required. If you aren’t satisfied with the decision we provide you, we will provide you with information about any appeal rights you may have. If you are a Just Car policyholder, you will have access to Just Car’s dispute resolution department.

19.1 This Promotional Website and the Social Media Forums may be viewed and interacted with by anyone in the world, however only Australian residents aged 16 years or older can enter the canvass2kickass Promotion or a supporting promotion.

19.2 Just Car only offers and provides its products and services within Australia.

19.3 The law applicable to the Promotional Website and/or Just Car’s operation of the Social Media Forums and to any complaints arising out of the Promotional Website and/or Just Car’s operation of the Social Media Forums is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and appeal therefrom.

19.4 Should any term or part of these Website and Social Media Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

19.5 You may not rely on the words or conduct of Just Car as a waiver of any right unless the waiver is in writing. In this term, “conduct” includes delay in the exercise of any right. “Right” means any right of Just Car arising under or in connection with these Website and Social Media Terms of Use or otherwise, and includes the right to rely on this term. “Waiver” includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppels.

20.1 Unauthorised linking to any part of the Promotional Website and/or a Just Car operated Social Media Forum is expressly prohibited.