Shannons Club is operated Shannons Pty Limited (ABN 91 099 692 636) ("Shannons", "we" or "us") and includes the:
- Shannons Club website (www.shannons.com.au/club); and
- Shannons Club mobile device site (m.shannons.com.au/club). collectively "Shannons Club".
Shannons Club is an online platform where motoring enthusiasts can connect with one another, share their passion and discuss motoring related content, find or list a Car Club, watch the latest motoring shows on Shannons Club TV and even list, locate, rate and review business specifically for motoring enthusiasts. We are here to listen to our members and welcome your feedback or suggestions. Let us know what you think by emailing us at firstname.lastname@example.org.
By accessing, viewing or using Shannons Club, you agree to these terms.
If you have a customer enquiry or you would like information about Shannons products or services, please visit www.shannons.com.au or call us on 13 46 46.
1. Your privacy
Your privacy is important to us. Read the Shannons Club Privacy Statement for information about how we handle the personal information of Shannons Club users.
Notwithstanding any other term, you agree and freely acknowledge that when you submit comments, recordings, images or other personal content, for public display on Shannons Club, that content may be available for anyone in the world to read and/or view and/or comment on and potentially download.
2. Accessing Shannons Club and membership
Shannons Club access rights depend on whether you are a member. Non-members can access limited content such as general news, auction news and public Shannons Club member profiles. Some parts and functions of Shannons Club are only accessible to you if you are a registered Club member and have "logged in".
You must be natural person at least 16 years of age to register for individual Shannons Club membership.
Business membership is only available to Australian businesses with an ABN, and you must be authorised to register on behalf of that business.
All information provided in a registration for Shannons Club membership must be true and accurate, and you must not impersonate any other person or business in your registration. Any false information may result in suspension of membership, and in the case of business membership, removal of a Shannons Club Business Directory listing.
We reserve the right to verify the authenticity of all Shannons Club membership applications and to vary Shannons Club login requirements from time to time.
You must not provide your personal login password to any other person, or allow any other person to use your personal login. If you suspect unauthorised use of your account you should immediately contact the Shannons Club on email@example.com..
By becoming a Shannons Club member you agree to receive emails from time to time from Shannons and any related companies that use the Shannons brand about news, special offers, products and services that you might be interested in, including fortnightly updates from Shannons Club. If you don't wish to receive these emails, you can change your preference when you log into your Shannons Club account (see Account Settings). If you are a Shannons customer that has previously opted out of these communications and the email address you nominated previously is the same as the email you nominate when registering for Shannons Club, we will continue to honour your earlier preference.
Notwithstanding anything in term 2.7, Shannons Club members agree that Shannons Club will contain general promotional material from Shannons and may contain promotional material from other parties from time to time.
3. User content on Shannons Club (including the Shannons Club Business Directory)
Members can upload content to Shannons Club, including text, comments, recordings, images or other content ("User Content"). Club members must select an initial privacy setting at registration, which can be updated.
Shannons Club members acknowledge and accept that when uploading User Content they must exercise discretion as to what personal information or what information otherwise capable of identifying specific people, vehicles and/or their physical locations is uploaded for member or public access. Shannons Club allows members to restrict which users can view their profile and uploaded content. To the extent permitted by law, Shannons accepts no responsibility for any loss, damage, injury or grievance arising from or in any way involving a member uploading content to Shannons Club.
When you submit any User Content to Shannons Club, unless we advise otherwise, you license and grant Shannons, 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 User 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.
You are fully responsible for the User Content you submit. To the full extent permitted by law Shannons shall not be liable in any way for such User Content and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by a Shannons Club user. Shannons may screen and/or remove and/or request that the third party operator of any social media site or website remove any User Content without notice for any reason whatsoever.
You warrant and agree that:
you will not submit any User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other third party right, or is 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;
you will obtain prior consent from all persons who appear in (for example, in photographs) or have any rights in relation to any property that appears in or forms part of the User Content;
your User Content will be your own original work or, to the extent that any rights in that work (including copyright) are not owned by you, you will obtain full prior consent from any person who has jointly created or has any rights in the User Content, to the uses and terms herein;
your User Content will not contain viruses or cause injury or harm to any person or entity or device; and
you 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, mobile communications device or any other communication systems. We encourage members to report inappropriate content using the âReport Abuseâ links throughout Shannons Club.
You consent to any use of your User Content in accordance with these terms which may otherwise infringe their moral rights pursuant to the Copyright Act 1968, including Shannons or its affiliates and sub-licensees using and reproducing the User Content without attributing it to you, or making modifications or adaptations to the User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media. You warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has contributed to the creation of the User Content.
Shannons Club members can amend or delete certain content they upload. Where amendment or deletion is permitted, such options will be readily visible.
4. Shannons Club Business Directory listings
Business listing content is User Content and therefore must comply with term 3, and must not assert that the business is endorsed or backed by Shannons.
Without limiting term 4.1, by submitting content to a Shannons Club Business Directory listing, you represent that:
it comprises true and accurate representations of the service and product offerings of the relevant business at the present time of trading. False or misleading information may lead to listings being removed without notice; and
you own or are entitled to use the content and it is not copied in part or whole from any other site or property without authorisation.
If you are a business owner and believe that your business has been registered in the Shannons Club Business Directory by an unauthorised party, please contact us immediately via email on firstname.lastname@example.org..
Once approved and uploaded business listings will remain visible, and it will not be possible for them to be removed. If you no longer want to be active with your business listing or your business has closed, please inform us via email to email@example.com.. Once verified, the listing will remain with a reference mark indicating that it is no longer open or active.
5. Private transactions
Notwithstanding term 14.2, Shannons accepts that members may from time to time communicate directly with one another using the medium of Shannons Club in relation to the private sale or potential private sale of motor vehicles, motor vehicle components, motor memorabilia or other property or interests in property ("Private Transactions"). For the avoidance of doubt, Private Transactions include transactions that do not involve any financial consideration.
To the extent permitted by law, Shannons accepts no responsibility for any loss (whether direct, indirect, financial or otherwise), damage, injury, death, claim, grievance or dispute arising from or in any way involving a Private Transaction.
Shannons Club members agree that Shannons is not a party to any Private Transaction and in no way warrants the existence of any property offered, its condition, fitness for use (for example, for registration, re-registration, repair, restoration, road use or otherwise) or the representation(s) made by any member. Members agree to verify the authenticity and condition of any property related to a Private Transaction before proceeding.
Shannons does not act as an agent, broker or representative of any member with respect to any Private Transaction and is not responsible for the terms of any Private Transaction or for in any way mediating or resolving any dispute between members. Shannons encourages members to resolve any disputes in relation to a Private Transaction by way of good faith negotiation with one another, or otherwise by exercising their legal rights.
Shannons Club members participating in a Private Transaction agree to take reasonable precautions (and where appropriate seek expert advice and/or the advice of the relevant road traffic authority and/or information from the relevant vehicle securities register) before and during the conduct of the Private Transaction.
You indemnify Shannons (including for any legal costs Shannons incurs) in relation to any claim, demand or action against Shannons, or any cost Shannons incurs, arising from the your breach of these terms or from any fraudulent, misleading, unfair or 'breach of bargain' conduct on your behalf in relation to a Private Transaction.
Any non-compliance with these terms may result in Shannons taking one or more of the following actions:
- notifying you of your non-compliance;
- editing non-compliant content;
- removing non-compliant content;
- notifying of you a 'strike' against your Shannons Club membership (upon the accumulation of three strikes Shannons reserves the right to permanently cancel your membership); and/or
- immediately cancelling your membership for material non-compliance (as determined by Shannons).
7. Cancelling Shannons Club membership
Shannons Club members can cancel their Shannons Club membership at any time by selecting "Cancel membership" under "Account Settings". If you are a business member and no longer want to be active with your business listing, you can elect to transfer or deactivate it (but it will remain visible, refer to term 4.4).
By cancelling their membership a member acknowledges that their personal information and any uploaded content will be handled by Shannons in accordance with these terms. Cancellation of membership will result in the member no longer being able to log in to Shannons Club, or access any content which they have uploaded.
8. Shannons and any Insurance Advertisement on Shannons Club
Unless otherwise stated, Shannons property insurance policies (car, motorcycle, building and contents) are issued by AAI Limited ABN 48 005 297 807 AFSL no. 230859 while Compulsory Third Party Personal Injury ("CTP") insurance policies are issued by AAI Limited ABN 48 005 297 807 trading as GIO. Shannons acts as agent and authorised representative of the relevant insurer described above in each instance. Shannons, AAI and GIO are members of the Suncorp Group.
Unless expressly stated otherwise nothing on Shannons Club purports to provide you with financial product or investment advice and the information available on Shannons Club does not take account of your personal circumstances or specific insurance needs. You should always read the Product Disclosure Statement for the Shannons product you are interested in and consider whether you require independent advice before acting upon any Shannons Club content. You can read the PDS for the product you're interested in at shannons.com.au or call 13 46 46 for a free copy. Shannons only offers insurance in Australia.
9. Promotions we may run
If you participate in a promotion that is featured on Shannons Club, you will be bound by any additional terms and conditions that apply to that promotion, which will be drawn to your attention as part of the entry process.
10. Third party sites
Shannons Club may contain links or references to third party sites. We do not endorse or approve of such sites and are not responsible or liable for the content of those sites. Your access to and use of third party sites is at your own risk.
11. Limitation of liability
While reasonable steps have been taken to ensure that information is free from error, to the extent permitted by law, Shannons does not warrant the accuracy, reliability, currency or completeness of Shannons Club content, including any User Content. All information is subject to change without notice. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
To the extent permitted by law, Shannons 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 any Shannons Club content or functionality, or to access (or lack of access) to Shannons Club by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
You indemnify Shannons (and any of its related bodies corporate) in respect of any liability incurred by Shannons (or any of its related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by Shannons (or any of its related bodies corporate) as a result of your breach of these terms or your use of Shannons Club.
13. Availability of Shannons Club
Since electronic services are subject to interruption or breakdown, access to Shannons Club is offered on an "as is" and "as available" basis only, and we may impose limits or restrictions on your use. Shannons does not guarantee that Shannons Club will be free from viruses, or that access to Shannons Club will function as intended or be uninterrupted. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw your access to Shannons Club (of part thereof) at any time and without notice to you.
Any cost associated with accessing Shannons Club is your responsibility and is dependent on the internet or telecommunications service provider used.
14. Restrictions on use
The content contained on Shannons Club is provided solely for bona fide personal or commercial customers only. You agree that you will not, (either yourself or through any third party):
use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any Shannons Club web pages, or any of the information, content or data contained within or accessible through Shannons Club, without our prior written permission;
use any Automated Process to aggregate or combine information, content or data contained within or accessible through Shannons Club with information, content or data accessible via or sourced from any third party;
use any information on or accessed through Shannons for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
use any device, software, process or routine to interfere or attempt to interfere with the proper working of Shannons Club or any transaction or process being conducted on or through it;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to Shannons Club;
reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with Shannons Club; or
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from Shannons Club without our prior written permission.
Other than as permitted as part of an approved Shannons Club Business Directory listing, members must not use the Shannons Club in a commercial manner (as determined by Shannons in its sole discretion). This includes use of the Shannons Club to in any way advertise goods or services offered for routine/repeat sale or by sale by a business of any type. For example, the commercial sale of vehicles or vehicle components, the commercial repair or restoration of vehicles or vehicle components, or the commercial sale of clothing or memorabilia.
15. Copyright and trademarks
Copyright in the Shannons Club content is owned by or licensed to Shannons and may not be used, reproduced, adapted or transmitted without express authorisation.
Shannons and each of its related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. The Shannons chequered flag and shield image and the chequered flag image with the words insurance and auction sales are both registered trademarks of AAI Limited. AAI Limited additionally reserves its rights in relation to the marks: Shannons Club, Shannons Garage, Shannons My Garage. Shannons holds the registered trademark Share the Passion and regularly uses the phrase Insurance for Motoring Enthusiasts in trade and commerce.
We reserve the right to terminate your access to Shannons Club at any time. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of Shannons, will survive any termination.
Cookies may be used to collect and use information for a range of purposes, including to maintain and improve the operation of internet sites across the Suncorp Group, to track user preferences and product requirements, to customise sites and to improve advertising relevance. We may also have an arrangement with third parties who may use our cookies to improve our advertising relevance to you on their site.
18. Changes to these terms
The law applicable to Shannons Club, and any complaints related to Shannons Club is the law of the State of Queensland Australia. By using Shannons Club, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, and appeal therefrom.
Although Australian websites may be accessed outside of Australia, we make no representation that Shannons Club content complies with the laws of any other country.
If any part of these terms is found to be void, unenforceable or invalid, then it is severed, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these terms.
These terms are dated 25 September 2014
This website is operated by Shannons Club Shop. Throughout the site, the terms “we”, “us” and “our” refer to Shannons Club Shop. Shannons Club Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shannons Club Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shannons Club Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.