Terms of Use

Automotive Exchange Pty Ltd trading as Audience360 (“Audience360”) is pleased to provide you with access to the website www.audience360.com.au (“Audience360 Website”).

By accessing or using the Audience360 Website, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the Audience360 Website- each as amended from time to time.

1. About the Audience360 Website

1. Audience360 publishes or makes available on the Audience360 Website information, advertisements, products and services, and other content supplied by Audience360 (“Material”).
2. To the extent permitted by law, Audience360 does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the Audience360 Website (including via links to third party websites). You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.

2. Personal and non-commercial use only

(a) Unless you have signed commercial terms with Audience360, use of the Audience360 Website is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for accessibility), you must not without the prior written approval of Audience360 (such approval not to be unreasonably withheld) do any of the following or authorise a third party to do that thing on your behalf:

1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material to create any website, publication or searchable database;
3. mirror or frame any website or Material from the Audience360 Website;
4. use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
5. use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
6. publish, transfer or sell any Material, information or functionality derived from the Audience360 Website; or
7. undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.

(b) If Audience360 reasonably considers that you or any party related to you has acted contrary to these Terms, then Audience360 may immediately terminate your right to access and use the Audience360 Website and any of its services and reserves its right to take any action it deems reasonably necessary or desirable to prevent such repeated action.

3. You are responsible for use of the Audience360 Website

1. The Material made available on (or via) the Audience360 Website is provided as general information only. The Material is not professional, expert or other advice and it is not a substitute for such advice. The Material may not be appropriate, correct or sufficient for your circumstances, should not be relied on as the only reason you do or don’t do anything, and may not be continually accessible or free from errors or viruses.
2. You indemnify Audience360 against any liability, loss, claim or demand if Audience360 (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms- including any warranties you provide in them – except to the extent such loss or damage is caused by Audience360’s own acts or omissions.

4. Services provided by Audience360

Any services offered by Audience360 (beyond access to the Audience360 Website) may be subject to additional terms and conditions. To the extent of any inconsistency between these Terms and any additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.

5. Audience360’s liability to you is limited

1. Other than as set out in this clause, and to the full extent permitted by law, all implied guarantees and warranties in respect of any services provided by Audience360 are hereby excluded. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy conferred on you by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted or modified.
2. To the full extent permitted by the law, Audience360 will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, any such liability of Audience360 is limited, to the greater of (i) the total fees paid by you to Audience360 for the relevant services in the 12 months immediately preceding the claim or (ii) $1000.
3. To the full extent permitted by law, Audience360 will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs or economic loss.
4. For the purposes of this section, the term Audience360 means Audience360, its officers, employees, contractors and agents, whether individually or collectively.
5. This clause 5 will survive any expiry or termination of these Terms.
6. Where you have purchased a specific service from Audience360, please check any additional specific product or service terms for liability provisions which may prevail over this clause.

6. Copyright, trademarks and licence

1. Material on the Audience360 Website is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by Audience360. Unless otherwise indicated on the Audience360 Website, the Material is owned by or licensed to Audience360 and is subject to copyright (the “Copyright Material”).
2. You may:
   i. only copy or reproduce the Copyright Material for the purpose of browsing the Audience360 Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
   ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
3. Audience360 and other names of Audience360’s products and services are registered or unregistered trade marks of Audience360. Other product and company names mentioned on the Audience360 Website may be the trade marks of third party owners. Nothing displayed on the Audience360 Website should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.
4. In consideration of Audience360 allowing you to access and use the Audience360 Website, you grant to Audience360 a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via the Audience360 Website for such purposes as Audience360 reasonably determines from time to time (subject to Audience360’s Privacy Policy). You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third party rights. To the extent permitted by law, you agree to Audience360 taking any actions that may otherwise infringe your moral rights in relation to the material.

7. Audience360 and your privacy

Audience360’s web server collects information from the site using “IP files”.
When you visit the audience360.com.au site to read, browse or download information, our system will record/log your IP address (the address which identifies your computer on the internet and which is automatically recognised by our web server), date and time of your visit to our site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer you improved online service. We may automatically collect non-personal information about you such as the type of Internet browsers you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites.

8. What law governs these Terms?

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.

9. Audience360 may change its terms

1. Audience360 may modify or amend these terms from time to time. Modifications of these Terms (and terms and conditions linked to these Terms) take effect once displayed on this website, however will only apply to your use of the Audience360 Website after that date and will not affect any accrued rights or obligations under the prior terms and conditions..
2. Audience360 may, acting reasonably, cease to provide you with access to the Audience360 Website or any of its services without notice.
3. All rights not expressly granted are reserved.

10. Contact Audience360

If you have a question, issue or need to contact us:
Phone: 1300 514 400
Email: Contact form
Version 2 (November 2023)