LMCT+ GIVEAWAY

GIVEAWAY CONTEST/DRAW RULES

LMCT+ (hereinafter referred to as ‘Weʼ or ‘Usʼ or ‘Ourʼ) is conducting a lucky draw (hereinafter referred to as the ‘Contestʼ) for Individuals (hereinafter referred to as ‘Participantʼ or ‘Participantsʼ or ‘Membersʼ or ‘Entrantsʼ or ‘Themʼor ‘Youʼ or ‘Yourʼ). The Giveaway commences at 12.00am AEST on 28 August 2019 and concludes 11.59pm AEST 23 October 2019. The Giveaway Event, at which the winners for prizes will be drawn, will be held at BNB Products located at 1/61 Frankston Gardens Dr, Carrum Downs VIC 3201 on 27 October 2019 commencing 12.00pm AEST and
concluding at 4.00pm.

1. ELIGIBILITY

Participants shall be allowed to enter the Contest via official links provided by the website and social media platforms, IF:

1)Participants agree to comply with the Terms and Conditions; and

2)Participants purchase the membership from the official links.

2. PARTICIPANTʼS ENTRY IN THE CONTEST

We are giving away a Nissan GT-R as a promotion of the LMCT+ Brand. In order to be eligible for the Contest, participants are required to purchase a package via the official links which shall automatically place them in the Contest. Details of the packages can be found on the official website WWW.LMCTPLUS.COM

1)The Participants will have to purchase a package via https://www.lmctplus.com/ which will automatically place you in the Draw.
2)The Contest will be held on October 27 2019 at BNB Products located at 1/61 Frankston Gardens Dr, Carrum Downs VIC 3201 (‘the Eventʼ).
3)The total prize pool is worth $97,500

1.FIRST PRIZE: The Nissan GT-R is valued at $90,000.00 including on road costs and shipping, however does not include insurance;

2.SECOND PRIZE: $5,000 gift voucher

3.THIRD PRIZE: $2,000 gift voucher

4) The Winner of the Nissan GT-R will be announced live at 4.00pm via a Barrel Draw.
5) The announcement of Winners will also be broadcast live on all our social media platforms. The Winners shall also be contacted via phone
and email immediately after the announcement if the Winner(s) are not present at the Event.
6) The Nissan GT-R will be delivered by our team to the Winners within 14 days after the Event.

3.QUERIES

The Participant shall be entitled to contact us at SUPPORT@LMCTPLUS.COM. All communications in relation to the Contest
must be made via SUPPORT@LMCTPLUS.COM and via our phone contact 1300 683 688.

4.REPRESENTATIONS AND WARRANTIES OF LMCT+

LMCT+ warrants the following:

1.All vehicles involved in the Contest to be given away as a promotional gift are the property of LMCT+.
2.The purpose of this promotion is to bring awareness to the LMCT+ Brand.
3.LMCT+ neither sells raffle tickets nor any tickets specifically to win these prizes.
4.These prizes are strictly a promotional giveaway, which can be won by any person that purchases a membership via our website or any official
link, thereby becoming a Member or Customer of LMCT+.
5.Entries to the Contest are only provided as a promotional gift to Members or Customers of LMCT+ and cannot be purchased and will not be sold
separately.

5.REPRESENTATION AND WARRANTIES OF THE PARTICIPANT
The Participant represents and warrants that it shall not contact the any affiliate, employee, sponsor or partner of LMCT+ in order to manipulate the Contest results.

6.DISCLAIMER

1.By becoming a Member or Customer of LMCT+ the Participant agrees to enter the Contest and Agrees that:

1.Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional gifts shall be
resolved individually with any form of class action;
2.Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances
will LMCT+ be responsible for any legal fees;
3.Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or
otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering the contest.
4.In no event will LMCT+, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies
or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any
kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic
or computer malfunctions, or entrant participation in this contest, even LMCT+ was advised of the possibility of such damages.
5.LMCT+ reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely
determined by LMCT+.
6.In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of
LMCT+, that corrupt or impair the administration, security, fairness or proper operation of the Contest, LMCT+ reserves the right to
suspend, modify or terminate the Contest.
7.Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this contest is a violation of
criminal and civil laws, and should such an attempt be made, LMCT+ reserves the right to seek damages from any such Participant to the
fullest extent permitted by Law.
8.LMCT+ assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider,
or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or
misdirected electronic communications, or any combination thereof.
9.The Contest is void where prohibited or restricted by law. the administration, security, fairness or proper operation of the Contest, LMCT+
reserves the right to suspend, modify or terminate the Contest.
10.Any attempt by a Participant to deliberately damage the website o undermine the legitimate operation of this contest is a violation of
criminal and civil laws, and should such an attempt be made, LMCT+ reserves the right to seek damages from any such Participant to the
fullest extent permitted by Law.
11.LMCT+ assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider,
or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or
misdirected electronic communications, or any combination thereof.
12.The Contest is void where prohibited or restricted by law.

LMCT+ (hereinafter referred to as ‘We’ or ‘Us’ or ‘Our’) is conducting a lucky draw (hereinafter referred to as the ‘Contest’) for Individuals (hereinafter referred to as ‘Participant’ or ‘Participants’ or ‘Members’ or ‘Entrants’ or ‘Them’ or ‘You’ or ‘Your’).

 

GENERAL TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. IN USING THIS SOFTWARE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE SOFTWARE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS SOFTWARE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

  1. DEFINITIONS AND INTERPRETATION
    1. Agreement/Terms means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the software and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
    2. Account means the accounts created by the users on our software in order to avail the comparative services offered by the software and require information such as name, email address, password, contact number etc.
    3. Software refers to subscription/membership-based software which collects data of vehicles for sale in Australia from multiple sources and compares them with their current market value and organises it in form a list from most profitable to least profitable deal.
    4. Subscription or Membership means the amount taken automatically each month from the card supplied by the user in consideration for availing the services offered by the Software.
    5. Customer or User shall mean any person who uses the services offered by the software by making a subscription/membership for the availing the services of the software.
    6. User or You means and includes Sellers and Buyers using or accessing the services provided on this Site and any person who access or avail this site for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
    7. Account refers to the account created by the users on the software for making the subscription/membership and availing the services provided by the software.
    8. The official language of these terms shall be English.
    9. Content means text, graphics, images, music, audio, video, information or other materials.
  2. The LMCT+ website and online platform (hereinafter referred to as the “Software”, “We”, “Us”, “Our”), is owned and operated by Xclusive Tech Pty Ltd (‘the Company’), its registered office located at 5/82 Eucumbene Drive, Ravenhall Victoria, Australia.
  3. The Software is offered to you on basis that you accept, without modification, the terms, conditions, and notices contained herein (the “Terms”).
  4. By purchasing any products on the LMCT+ platform, the users (collectively referred to as ‘Users’ and individually as a ‘User’) (hereinafter referred to as “You” or “Your”) agree to be bound by the Terms of this Agreement. Please read this entire agreement carefully before accepting its term. Your usage of the Software signifies your assent to the following binding agreement.
  5. The Software provides an online automotive platform through which we offer comparison services in relation to vehicles by comparing the prices of the vehicle for sale from different sources and the current market valuation. The Software acts as a facilitator for such services and all commercial and contractual terms are offered by and agreed to by users. You understand and agree that we are not making any recommendation but merely comparing data from different sellers. We provide an independent and online vehicle search engine that has been designed to save you time and money. We aim to find you the most competitive quotes for purchase of the vehicle and provide you with the information you need to make an informed choice on which vehicle best suits your needs.
  6. By using the Software, you agree to comply with and be legally bound by the Terms. These Terms govern your access to and use of the Software and Services and all Collective Content, and constitute a binding legal agreement between you and us. Please read carefully these Terms and our Privacy Policy, which may be found at wwwllmctplus.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Software. Failure to use the Software in accordance with these Terms may subject you to civil and criminal penalties. This software reserves the right to recover the cost of services, collection charges and legal fees from persons using the Software fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Software and any other unlawful acts or acts or omissions in breach of these terms and conditions. The use of this Software constitutes your consent to, and agreement to, abide by the most current version of the Terms. We may at any time revise and update these Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for any changes. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Software.
  7. ELIGIBILITY
    1. Use of the Site for availing its services is available only to persons who can form legally binding contracts under applicable law. You cannot create account on our Software if you are under the age of eighteen (18) years.
    2. Our software reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Software is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
    3. If you use the Software on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
    4. You may not operate any link to our website without our first obtaining our written permission. Any such permission may be revoked without notice and we reserve the right to require you to remove any link immediately and at any time.
  8. REGISTRATION
    1. In order to avail the services provided by this Software user’s need to first register their account on the website. Registering on our website comes with both monthly and yearly subscriptions/memberships. In order to register for the purpose of availing the services provided therein the users will have to register with us by providing details such as name, address, e-mail address and password.
    2. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Software cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorised to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your software account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
    3. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
    4. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at support@lmctplus.com.
    5. You may not transfer or sell your account to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
    6. Our Services are not available to temporarily or indefinitely suspended members. We reserve the right, at our sole discretion, to cancel unconfirmed or inactive accounts. We also reserve the right to refuse service to anyone, for any reason, at any time.
    7. One individual can own only one account in his or her name.
    8. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our software’s policies as stated in the Agreement and the software policy documents published on the Software as well as all other operating rules, policies and procedures that may be published from time to time on the Software by Company.
    9. One individual can own only one account in his or her name.
  9. SERVICES:
    1. The Software is a platform that Users utilise to make a comparison of price of vehicles from various sources and the current market price and organise it into a list from most profitable transaction to least profitable transaction to help them to find cheapest deal available to make profit from it.
    2. The Software enables the users to use its service after making a subscription/membership of the Software. Once a subscription/membership is made the amount is deducted every month from the same card from which the subscription/membership was made until the user cancels subscription/membership via email at support@lmctplus.com.
    3. Once your personal details are filled in and payment is made, user may avail the services of the Software.
  10. PAYMENTS AND CHARGEBACKS
    1. 10.1.Payments can be made via valid debit cards and credit cards.
    2. 10.2.We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by the buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
    3. 10.3.We reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these Terms.
    4. 10.4.The Company does not offer refunds. All purchases made from our websites are final and the customer is liable for their checkout cart. We do not take responsibility for the customers purchase or mistakes upon checkout.
  11. CHARGEBACKS
    1. 11.1.If for any reason we are unable to charge your Payment Method for the full amount owed for making a subscription/membership, or if we receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee we previously charged to your Payment Method, you agree that we may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of your subscription/membership on the Software or for Services registered or renewed on your behalf.
      We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for tasks which we may perform outside the normal scope of our Services, additional time and/or costs which we may incur in providing our Services, and/or your noncompliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to
      1. customer service issues that require additional personal time or attention;
      2. recouping any and all costs and fees, including the cost of Services, incurred by us as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with us.
  12. LMCT+ AS A PLATFORM
    1. 12.1.We are not responsible for reliability of content posted on the website as other people may modify the content posted and the prices of the vehicles keep fluctuating.
    2. 12.2.The Software does not make any representation or warranty as to the attributes of any of its contents. You are advised to independently verify the reliability of any information posted on the website and use your best judgement in that behalf.
    3. 12.3.The Software is only a venue through which Users can compare data of vehicles from various sellers and compare it with their current market price of the vehicle and make the most profitable deal for themselves.
    4. 12.4.You release and indemnify us and/or any of our shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Software and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our software cannot control the information provided by other Users which is made available on the Software.
  13. USER GUIDELINES
    1. 13.1.Users shall ensure strict compliance with the following user guidelines set out hereunder (“User Guidelines”):
      1. Users shall ensure that they provide current, accurate, and complete information for opening the account with us and shall ensure that the same is updated immediately upon change of circumstances and also when prompted by us to update the same;
      2. User shall not divulge their account details to third parties. Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their account.
      3. Users shall not share their account passwords with third parties;
      4. Users shall not allow third parties to use their account. Each account is intended for the use of a single user, who has registered the account upon due compliance of the KYC norms prescribed;
      5. Similarly, User shall only use the account allotted to the User and shall not use third party accounts. A single User shall have only one account and shall not open or maintain multiple accounts;
      6. User shall not directly or through others gain illegal access to any account of the members on the Software including their own. Failure to follow the procedures set out for accessing one’s own account shall amount to a violation of these terms;
      7. Users shall be fully responsible for all activities that occur under the User’s Account, irrespective of whether the User claims personal knowledge of the same or otherwise;
      8. Users shall utilise our services only for the personal purposes and not for commercial purposes.
      9. Users shall use their account on the Software only for legal purposes and shall not use any part of our Services, for or in connection with or to perpetuate or commit any actions, which amount to a violation of any law, statute, ordinance or regulation. Users shall be solely liable for any such illegal activities that they undertake and the consequences arising therefrom including those initiated by us, as more fully set out hereunder;
      10. Without prejudice to the generality of the above, Users shall not use our services for any illegal purpose including but not limited to money laundering, terrorism or to fund any illegal act. Users shall also not use or avail our services for converting illegal or wrongful gains including those from criminal activities;
      11. Users shall not use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details;
      12. Users shall not create or circulate any technologies which violate or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details;
      13. Users shall ensure that true and correct details are furnished to us including the personal details required for KYC; transactional details and such or other Clarifications the company may require during the subsistence of this agreement;
      14. Users shall not misrepresent, misinform or misguide us in any manner. Users are hereby duly informed that we shall share all details with regulatory or legal authorities and the User shall be solely be responsible for the correctness of the contents provided or for legal action for false or incorrect information furnished;
      15. Users shall avail our services only for legal purposes and shall not use the same for any illegal or criminal activities or in connection therewith or in association thereof.
      16. User shall ensure that the source of the monies used for subscription/membership to services of the Software is through legal means and shall also ensure that all transactions on the account are for legal purposes.
      17. The Software is only for the purpose of subscription/membership based comparative services for sale and purchase of vehicles in Australia by collecting data from multiple sources and comparing it with market value.
  14. MISUSE OF THE SOFTWARE
    1. 14.1.You may not use the site for any of the following purposes:
      1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
      2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
      3. Interfering with any other person’s use or enjoyment of the Site.
      4. Breaching any applicable laws;
      5. Interfering or disrupting networks or web sites connected to the Site.
      6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
      7. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our software, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
  15. YOU AGREE AND CONFIRM
    1. 15.1.That you will use the services provided by the Software, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Software and transacting on the Site.
    2. 15.2.You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our software and / or other affiliated software’s without prior intimation whatsoever.
  16. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
    1. 16.1.We may at any time modify the Terms of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on the Software. You should regularly review the Terms on the Software. In the event the modified Terms is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this site.
    2. 16.2.This Software will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
  17. INTELLECTUAL PROPERTY OF SOFTWARE:
    1. 17.1.The Software, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of LMCT+ or any third party’s intellectual property rights. All rights, including copyright, in this Software are owned by or licensed to third party suppliers or us. Any use of this Software or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our software. You cannot modify, distribute or re-post anything on this Software for any purpose.
    2. 17.2.The LMCT+ names and logos and all related services and our slogans are the trademarks or service marks of LMCT+. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner.
    3. 17.3.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Software (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our software or its suppliers and protected by Australian Copyright Act 1968. Any other use, including the modification, distribution, transmission, republication, display, or performance, of the Contents on this Software is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our software, one of its affiliates or by third parties who have licensed their materials to us and are protected by Australian copyright act, 1968. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our software and is also protected by Australian Copyright Act 1968.
    4. 17.4.If you learn of any unlawful material or activity on our software, or any material or activity that breaches this notice, please inform us in the manner as described in our Copyright Information policy published on the Software. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us.
    5. 17.5.We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
    6. 17.6.We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
  18. INDEMNITY
    You agree to defend, indemnify and hold harmless our Software, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our software or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
  19. TERMINATION
    This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Software. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of this User Agreement.
  20. LIMITATION OF LIABILITY AND DISCLAIMERS
    1. 20.1.The Software is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Software.
    2. 20.2.The Site provides content from other Internet sites or resources and while our software tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from
      1. Information posted on the Software.
      2. Your use of or your inability to use our Software, Services and tools;
      3. Delays or disruptions in our Software, Services, or tools;
      4. Viruses or other malicious software obtained by accessing our Software, Services, or tools or any site, Services, or tool linked to our Software, Services, or tools;
      5. Glitches, bugs, errors, or inaccuracies of any kind in our Software, Services, and tools or in the information and graphics obtained from them;
      6. The content, actions, or inactions of third parties, including items listed using our Software, services, or tools or the destruction of allegedly fake items;
      7. A suspension or other action taken with respect to your account; and
      8. The duration or manner in which, as a seller, your listings appear in search results.
    3. 20.3.To the fullest extent permitted under applicable law, our software or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Software, its services or this User Agreement.
    4. 20.4.Our software, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Software or that the operation of the Software will be error free and/or uninterrupted. Consequently, our software assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
    5. 20.5.The Software periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for:
      1. the unavailability of any of the Software;
      2. any loss of data, information or materials caused by such system outages;
      3. the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or
      4. any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
    6. 20.6.In addition to the above, we shall also not be liable for the following:
      1. We shall not be liable for any loss, harm or damage caused to the User due to information that is being offered through our services;
      2. We shall not be liable for discontinuation of its services, which is warranted due to Force Majeure or regulatory directions that may be issued by appropriate authority;
      3. We shall not be liable for any loss caused to User due to fluctuations in the price of automobiles as presented on the software. We shall be responsible to account for only such services, as is within its control, in the event of termination of this agreement or closure of the Company. This liability is also subject to applicable laws and deductions including towards dues owed to us or to any government or regulatory authority. We shall not be liable for any loss, harm, damage caused to User for suspension, cancellation or termination of a User account including for reasons of User violations or in compliance with judicial, regulatory or government orders;
      4. User agrees that we will not be liable to User or to any third party for termination of the User Account or restricting access to our Services;
      5. User shall not be entitled to any damages for any reason whatsoever including for consequential or compensatory damages against us for any reasons including suspension, cancellation or termination of the User Account or for cessation of our Services.
  21. GOVERNING LAWS AND JURISDICTION
    1. 21.1.These Terms and any action related thereto will be governed by the laws of the state of Victoria, Australia without regard to or application of its conflict of law provisions or user’s state or country of residence.
    2. 21.2.Users agree to submit to the exclusive jurisdiction of the courts in the state of Victoria, Australia, in relation to proceedings arising out of this agreement.
  22. DISPUTE RESOLUTION
    1. 22.1.Generally, transactions are conducted smoothly on our software. However, there may be some cases where Users may face issues. We have a Dispute Resolution process in order to resolve disputes between the Software and Users. A ‘Dispute’ can be defined as a disagreement between Software and User in connection with services offered on the Software. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
    2. 22.2.We advise that before a user raises a dispute, they shall write to us at support@lmctplus.com in order to raise a dispute. Once a dispute is raised by either party, we shall try to but are under no obligation to mediate and resolve the matter amicably.
    3. 22.3.In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  23. PRIVACY
    All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
  24. NOTICE
    1. 24.1.By using the Software and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
    2. 24.2.You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
      18.3 Notice will be deemed received and properly served immediately when posted on the Software, 24 hours after an email is sent. As proof of service, it is sufficient that:
      (a) the email was sent to the specified email address.
  25. LINKS TO OTHER WEBSITES
    1. 25.1.Links to third party websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked websites. We have not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Software’s linked to this site, you do this entirely at your own risks.
  26. NO WAIVER IMPLIED
    1. 26.1.The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  27. SEVERABILITY
    Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity shall in no way effect the validity or enforceability of any other Term.
  28. ASSIGNMENT
    1. 28.1.You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
    2. 28.2.We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
  29. FORCE MAJEURE
    1. 29.1.We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
      1. acts of god;
      2. natural disasters;
      3. sabotage;
      4. accident;
      5. riot;
      6. shortage of supplies, equipment, and materials;
      7. strikes and lockouts;
      8. civil unrest;
      9. computer hacking; or
      10. malicious damage.
  30. DIGITAL SIGNATURE
    1. 30.1.By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
    2. 30.2.In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the software, you give us permission to provide these records to you electronically instead of in paper form.
    3. 30.3.By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
    4. 30.4.In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the software or by contacting Customer Support.
  31. AUCTIONS AND GIVEAWAYS
    1. 31.1.All cars that are auctioned or given away by LMCT+ are as is. These vehicles will be unregistered unless stated otherwise.
    2. 31.2.Auctions finish once there has been no bids within the last 5 minutes. If a bid is made inside the final 10 minute period, the counter resets to 10 minutes.
    3. 31.3.Auction vehicles must be collected and paid in full within 7 days or we will relist the car for auction.
    4. 31.4.The purchaser of LMCT+ auction cars must organise their own transport of getting the car to and from destinations. The cars will not be registered as stated previously and LMCT+ is not liable for transport costs. The purchaser must organise and pay for these costs.
    5. 31.5.All cars offered by LMCT+ are available for inspection before the auction or giveaway, therefore LMCT+ will not be held liable for the vehicle at all once the auction/giveaway has been completed.
    6. 31.6.We do not conduct lotteries nor do we sell tickets specifically to enter our giveaways. All purchases on the website are solely for either a trial or recurring membership therefor making you an LMCT+ member. The giveaways are to our LMCT+ members only.
  32. LEGAL COMPLIANCE
    1. 32.1.In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities that, if not complied with, will either render a transaction void or unlawful.
    2. 32.2.You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the software are lawful. You must ensure that they comply with all applicable laws in Australia and all other countries
    3. 32.3.You should comply with country and state and regulations.
  33. ENTIRE AGREEMENT
    1. 33.1.These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
  34. CONTACT US
    For any further clarification of out Terms and Conditions, please write to us at support@lmctplus.com.