AIMSS Terms & Conditions

This page, together with the disclaimers, push notifications, SMS or content in the AIMSS Website (the ‘Website’) and any links referred to in this document explains the Terms and Conditions on which you may use the Website as a registered user.

Please read these carefully before you start to use the Website. By using the Website, you accept these Terms and Conditions and you agree to abide by them. If you do not agree to these Terms and Conditions, please do not use the Website.

About AIMSS
The Australian Institute for Motor Sport Safety (AIMSS), a not-for-profit organisation, was established in 2007 and is the peak body for motorsport safety and related research in Australia.

AIMSS works in conjunction with Motorsport Australia in an advisory role and is a research partner of the Fédération Internationale de l'Automobile (FIA) Institute for Motor Sport Safety and Sustainability to develop safety through research, education and industry liaison.

As a result of its partnership status with the FIA, AIMSS works to disseminate safety breakthroughs, news and information from around the world to the Australian motorsport community.

In these Terms and Conditions “we”, “us” or “our” means Australian Institute for Motor Sport Safety Limited, ABN 13 116 045 651 and its partners and Related Entities as defined in the Corporations Act 2001(Related Entities) as well as the FIA.
Your use of the AIMSS Website
1. The licence granted to you for the Website is limited to you alone and is a non-transferable licence to use the Website in accordance with the Terms and Conditions contained herein.
2. You may use the Website only for lawful purposes.
3. You must not use the Website:
  1. In any way that breaches any applicable local, national or international law or regulation;
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. For the purpose of harming or attempting to harm minors in any way;
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 6 of these Terms and Conditions;
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4. You may not:
  1. Distribute or make the Website available over a network where it could be used by multiple devices at the same time;
  2. Rent, lease, lend, sell, redistribute or sublicense the Website; or
  3. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Website) (Prohibited Act).
5. You also agree not to access without authority, interfere with, damage or disrupt:
  1. Any part of the Website;
  2. Any equipment or network on which data collected via your use of the Website is stored; or
  3. Any software or data (including source code, metadata and similar information) used in the provision of the Website.
6. You agree and acknowledge that any attempt to do any one or more of the Prohibited Acts is a violation of our rights and/or the rights of licensors.
Accessing and using the AIMSS Website
1. Access to the Website is permitted on a temporary basis. We reserve the right to withdraw or amend, update or change the functionality or content of the Website at any time and without notice. We may suspend access to the Website or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period of time or if at any time any functionality of the Website is restricted or impaired.
2. If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. We have the right to disable any user identification or password at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. You must also let us know immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way.
Intellectual Property Rights
1. We are the owner of and/or the licensee of all intellectual property rights in the Website, and in the material published on it, within Australia and New Zealand. These rights are protected by intellectual property laws and treaties around the world. All such rights are reserved.
2. Except where necessary for and incidental to viewing or using the Website or as permitted under the Copyright Act 1968 or other applicable laws, no material in the Website may be reproduced, stored (for any period of time) in an electronic or other retrieval system adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.
3. AIMSS and each of its Related Entities separately reserve their copyright and all other legal rights with respect to their trade marks, whether registered or otherwise. “AIMSS”, “FIA”, “Global Institute for Motor Sport Safety”, “Motorsport Australia”, “We Are Motor Sport” and “AIMSS” are each registered trade marks of AIMSS, Motorsport Australia and/or their Related Entities.
4. Third-party trade marks are trade marks of the respective third parties.
5. You must not use the Website or any part of the materials on the Website for commercial or other non-personal purposes without obtaining our specific written consent.
Reliance on Information
Any materials or information provided to you via your use of the Website, including any information described as ‘tips’, are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any users of the Website, or by anyone who may be informed of any of its contents.
Content Standards
1. These content standards apply to any and all material which you contribute to the Website (Contributions) and to any interactive services associated with it.
2. Contributions must:
  1. be accurate (where they state facts);
  2. be genuinely held (where they state opinions); and
  3. comply with applicable law in any country from which they are posted.
3. Contributions must not:
  1. contain any material which is defamatory, obscene, offensive, hateful or inflammatory;
  2. promote violence or promote sexually explicit material or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. infringe any copyright, database right or trade mark of any other person;
  4. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  5. promote any illegal activity or unlawful acts;
  6. be threatening, abusive, or harass, upset, embarrass, alarm or annoy any other person; and/or
  7. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case.
Our Liability
1. The material displayed on or made available to you via your use of the Website is provided without any guarantees, conditions or warranties as to its accuracy.
2. Subject to any responsibilities implied by law and which cannot be excluded, we and our directors, employees, agents, contractors and related bodies corporate, are not liable to you or any user of the Website 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 content, or to your or any user’s access (or lack of access) to the Website or any associated websites with the Website, by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
3. To the extent permitted by law, you agree to release, defend, indemnify, and hold AIMSS and its related bodies harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
  1. Your access to or use of the Website or your violation of the Terms and Conditions or any applicable law;
  2. Your Contributions; and
  3. Your use of third-party websites.
Information about you and your use of the AIMSS Website
1. Any personal information you provide via your use of the Website is handled in accordance with AIMSS privacy practices. Please review AIMSS Privacy Policy before deciding to use the Website.
2. The information provided by you may be used and disclosed to others by AIMSS for the purposes of AIMSS and Motorsport Australia’s business purposes as well as research which is conducted in the public interest. Full details of AIMSS’ privacy policy (including how you can access and correct your personal information and make a complaint) are available at AIMSS’ AIMSS website (https://aimss.com.au/privacy-policy).
3. You agree that we may collect and use technical data and related information, including but not limited to technical information about your smartphone device, system and application software, and peripherals, which is gathered periodically to facilitate the provision and updating of the Website.
4. You have the choice to:
  1. Not use the Website; or
  2. Use the Website with full agreement to these Terms and Conditions.
Links from the AIMSSTM Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility or liability for them, their availability, accuracy, the related content, products or services, or for any loss or damage that may arise from your use of them. You understand and agree that AIMSS is not a party to any agreement entered into between you and such third-party providers and that you are solely responsible for your use of any such websites.
Suspension and Termination
1. We will determine, in our sole discretion, whether there has been a breach of these Terms and Conditions through your use of the Website. This may result in taking all or any of the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use Website;
  2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
  3. issue of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Jurisdiction and Applicable Law
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Victoria, Australia.
Variations to Terms and Conditions
We may revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any revisions made. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere in the Website. By continuing to use the Website after revisions are made, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, you should stop using the Website.
How to Contact Us
For any and all questions, queries or complaints in relation to the Terms and Conditions or the Website please contact us at dpo@aimss.com.au or call +61 3 9593 7744. In relation to any personal information questions, queries or complaints please refer to the contact details in the AIMSS Privacy Policy.