1. Scope and Definitions
1.1. Porsche Cars Australia Pty Ltd (ACN 004 327 048) of 109-
111 Victoria Parade, Collingwood VIC 3066, Australia (hereafter referred to as PCA, we, our or us) owns and operates the website located at http://porscheexperience.com.au (Website) which provides various online functionalities, including account registration, event registration and making payment (Online Services) for participating in events known as:
(i) Porsche Track Experience;
(ii) Ice Experience;
(iii) Travel Experience;
(iv) Targa Tours, and any other events organised by PCA from time to time (Porsche Events, each a Porsche Event).
1.2. User, you or your includes anyone who:
(i) visits or uses the Website; and
(ii) registers on the Website to participate in a Porsche Event.
1.3. These T&Cs (as amended from time to time) apply to the use of the Website and the Online Service by the User pursuant to clause 2 and will apply to all future transactions conducted by the User via the Website.
2. T&Cs and Website
2.1. By using the Website, you confirm that you accept these T&Cs and that you agree to comply with them. If you do not agree to these terms, you must not use the Website.
2.2. Access to the Website is permitted on a temporary basis and we do not guarantee that the Website, or any content on it, will always be available, uninterrupted or will be error-free. We reserve the right to:
(i) suspend, withdraw or restrict the availability of all or any part of the Website from time to time for business and operational reasons; and
(ii) withdraw or amend the Online Services without notice, and we will not be liable to the User if for any reason the Website is unavailable at any time or for any period.
2.3. The Website may contain links to other websites (Linked Sites), which are not operated by PCA. PCA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the user terms and service contained within each such Linked Site.
3. Eligibility to use the Website
The Website is directed to Users who are at least 18 years of age and are residing in and using the Website within Australia. We do not represent that the content available on or through the Website is appropriate for use or available in other locations. If you access the Website from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.
4. Creating an account
4.1. To use the Online Services, you must create a user account (Account) as instructed on the Website.
4.2. Account registration may require you to provide certain information, including, personal information, a valid payment method, and a username and password.
4.3. You warrant that all information that you have provided to us for your Account registration is true, accurate and up to date in all respects. You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
4.4. You must keep your Account password secure at all times (if applicable). You are liable for all activity on your Account. Should you discover any unauthorised use of your Account, you must contact us immediately.
4.5. We may, at our absolute discretion, refuse to register an Account.
4.6. We are not liable for any loss suffered by you as a result of you not receiving our emails, including as a result of you not providing us with a complete, accurate or correct email address, or as a result of your firewall or filter settings.
5. Personal information and privacy policy
5.1. In connection with the use of the Website, including creating and Account and booking a Porsche Event via the Website, your personal information will be collected, used and disclosed by PCA in order to allow you to make a booking and to perform the respective contract for the booked Porsche Event.
5.2. By creating an Account, you:
(i) consent to us collecting your personal information;
(ii) agree that we may send you administrative and/or promotional emails regarding your Account, the Website, the Online Services and Porsche Events; and
(iii) agree to receiving promotional information from other entities within the Porsche group regarding their products or services.
5.3. We may disclose or transfer your personal information to other Porsche entities or third party service providers who assist us in providing the Online Services or the Porsche Events. Your
personal information may also be disclosed where required by law and may be shared with other entities within the Porsche group (which may be located in Germany, Asia or the US).
5.4. We may also use your personal information:
(i) to conduct market research and send you marketing information regarding our (or our affiliates’) products and services and other related products and services;
(ii) in an anonymised form for the purpose of managing and improving the quality, safety, and security of our (or our affiliates’) products or services which may or may not be related to the Porsche Events; and
(iii) in an anonymised form for other commercial purposes.
5.5. Further information about our privacy practices and procedures is contained in our privacy policy (available at https://www.porsche.com/australia/privacy-policy/) (Privacy Policy), which sets out how we will use your personal information, how you may access your personal information and how you may make a complaint. By using the Website, you consent to the processing of your personal information as described in our privacy policy and warrant that all personal information provided by you is accurate.
6. Data in relation to vehicles used for Porsche Event
6.1. The vehicle used for each Porsche Event may be installed with SIM and / or GPS functionalities (Positioning System), PCA and various third parties may be able to track and monitor the vehicle’s location using the Positioning System (where available on the vehicle) during the Porsche Event. Unless otherwise stated, this tracking will start immediately and will be continuous and ongoing until the end of the relevant Porsches Event.
6.2. By registering for the relevant Porsche Event, you consent to this location tracking via the Positioning System and warrant and must ensure and procure that all drivers or users of the vehicle that you nominate to participate in the Porsche Event (if applicable) are aware of this location tracking and consent to it also. We rely on this consent for the purposes of providing the services to you and any other driver or user of the vehicle available at any Porsche Events.
6.3. The usage of location data according to this clause will be in compliance with applicable data protection law. Further information can be found in our Privacy Policy.
6.4. We may use, disclose and process this location data (which may include personal information) for the purposes outlined in these T&Cs and our Privacy Policy.
7. Prohibition
7.1. You must not:
(i) use this Website or the Online Services for any improper or illegal purpose or permit any other person to do so;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Website, corrupt data or cause annoyance to other Users;
(iv) infringe upon the rights of any other person’s proprietary rights; or
(v) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
7.2. Breaching any of the prohibitions set out in clause 7.1 may constitute a criminal offence and, if so, PCA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
7.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
7.4. You are not entitled to process the data and information received during the use of this Website or the Online Services for your own business purposes or to disclose such data and information to any third party for its own business purposes.
8. PCA’s Liability for the use of the Online Service
8.1. PCA accepts no liability for the accuracy and actuality of data and information provided by Users or any third parties.
8.2. Use of the Website and associated facilities is at your own risk. To the maximum extent permitted by law, PCA will not be liable for any loss or damage which may arise as a result of the use of the Website, its content, or the information on it. This includes, but is not limited to, the transmission of any computer virus. You should use your own antivirus software.
8.3. To the full extent permitted by law, and subject to clauses 8.6 and 8.7, PCA’s total cumulative liability to the User for any and all claims, whether in contract, tort (including negligence), statute or otherwise, arising out of or in connection with these T&Cs will not exceed the fees actually paid by the User to PCA for the booking of any Porsche Event via the Website in the twelve (12) month period immediately preceding the first event giving rise to the relevant claim (or, in the case of multiple events, the earliest date that the relevant claim arose).
8.4. To the full extent permitted by law, and subject to clauses 8.6 and 8.7, PCA, its directors, officers, employees or agents will not be liable for any special, indirect, incidental, punitive, exemplary or consequential loss, any loss of revenue, loss of profits, loss of data, loss of goodwill, lost opportunity or for any loss of, or interruption to, the User’s business.
8.5. To the full extent permitted by law, and subject to clauses 8.6 and 8.7, all warranties, conditions, guarantees, terms, representations and undertakings, other than as expressly set out in these T&Cs, whether express, implied or verbal, statutory or otherwise, and whether arising under these T&Cs or otherwise, are hereby excluded including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
8.6. Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions, guarantees or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These T&Cs must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of these T&Cs, to the extent to which it is entitled to do so, PCA limits its liability in respect of any claim under those provisions to, at its option:
8.7. in the case of goods, the replacement or repair of the goods, or the supply of equivalent goods or the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and
8.8. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
8.9. The limitations of liability as set out above will not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the Australian Consumer Law and in case of any further mandatory liability.
8.10. The User shall take all reasonable measures necessary to avert and reduce damages.
9. Intellectual property rights
9.1. The intellectual property rights in all software (if applicable), content, (including photographic images), copyrights, designs, trademarks and patents (if applicable) made available to you on or through the Website remain the property of PCA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by PCA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
9.2. Notwithstanding the foregoing, the User is obliged to respect and not to infringe on intellectual property rights, including but not limited to copyrights, designs, trademarks and patents, (hereafter referred to as IP Rights) of PCA, other Users and other third parties. The User indemnifies and must hold PCA harmless from all claims that other Users or other third parties assert against PCA due to a violation of their IP Rights insofar as the User is responsible for such infringement (Indemnified Claim). The User must reimburse PCA for the costs of any necessary legal defence of PCA with respect to any such Indemnified
Claim, including all court and attorney fees.
10. Conclusion of Booking Contract
10.1. The presentation of Online Services and Porsche Events on the Website do not constitute any binding offers by PCA to enter into a contract with the relevant User, but merely invite the User to make a binding declaration as to whether and which Porsche Event it wants to order from PCA. The User may choose any Porsche Events and collect them in the shopping cart via e.g. the button “Add to Cart”. Before clicking the button “Order with Obligation to Pay” (or similar), all Porsche Events selected by the User, the total price for the relevant Porsche Event(s), including any amount of statutory GST payable as well as duties, charges and shipping costs (if applicable), are again displayed in an order overview provided to the User for review. At that stage, the User will have the opportunity to identify and correct any incorrect entries before finally placing the binding order. Before placing the binding order, the contractual provisions for the supply of the relevant Porsche Event (Booking Contract) can be accessed once again and saved in reproducible form by the User. By clicking the button “Order with Obligation to Pay” (or similar), the User submits a binding offer for the conclusion of a Booking Contract in respect of the relevant Porsche Event(s) collected in the cart. The offer will only be submitted and transferred if the User accepts, and thereby includes in its offer, the Booking Contract by clicking a corresponding button.
10.2. PCA will confirm receipt of the User’s order by email. However, such confirmation of receipt does not constitute a legally binding acceptance of the User’s order.
10.3. The Booking Contract shall only become effective once PCA has accepted the User’s order. PCA will accept an order expressly in writing, e.g. by sending a written order confirmation by email, by providing the Porsche Event(s) to the relevant User or by informing the User accordingly. The Booking Contract for the relevant Porsche Event(s) is governed exclusively by the contents and the relevant terms and conditions of the order and the terms and conditions set out in the Booking Contract. Verbal agreements or promises are only valid if an authorised employee of PCA has confirmed them in writing.
10.4. If any of the Porsche Events booked by the User cannot be held, PCA may reject or refrain from accepting the order. In this case, no Booking Contract will be concluded. PCA shall inform the User thereof without undue delay.
10.5. The terms and conditions of the Booking Contract will be saved and stored after the Booking Contract has been concluded but are no longer accessible to the User. The User will, however, be provided with any and all contractual provisions that apply to the User’s participation in the Porsche Event via email.
10.6. Booking of Porsche Events
10.6.1. Individual or several Porsche Event(s) may separately be booked on the Website in accordance with these T&Cs and any further applicable terms of use, including as set out in the Booking Contract. Insofar as a provision of these T&Cs conflicts with any relevant further terms of use, the further terms of use shall prevail.
10.6.2. Availability, description, term, prices and payment terms of the Porsche Events are detailed on the Website and may be specified in any further applicable terms of use, including as set out in the Booking Contract. The availability of Porsche Events depends on various factors including but not limited to the availability of equipment, vehicles and venue.
11. Deletion of Account
11.1. You may at any time delete your Account by using the “delete your account” function on the Website. 11.2. PCA may delete your Account with immediate effect if you are in breach of any of the provisions of these T&Cs or if PCA otherwise considers the deletion of your Account reasonable. PCA will notify you of the deletion of your Account by email to the email address provided by you when creating the Account promptly upon deletion of your Account.
12. Disclaimer of liability and indemnity
12.1. Subject to any non-excludable consumer guarantees and other consumer protection provisions, including as set out in the Competition and Consumer Act 2010 (Cth), the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
12.2. To the fullest extent permitted by law, PCA hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.3. The exclusion referred to in clause 12.2 does not affect PCA’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12.4. You agree to indemnify, defend and hold harmless PCA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of these T&Cs.
13. Applicable Law and Jurisdiction
13.1. Courts located in Melbourne, Australia have the non-exclusive jurisdiction for all disputes arising from these T&Cs and any other contractual agreements entered into between the User and PCA via the Website.
13.2. These T&Cs and any other contractual agreements entered into between the User and PCA via the Website are governed and must be construed in accordance with the laws applicable in the State of Victoria, Australia.
14. General
14.1. In case of any disputes arising from these T&Cs and any other contractual agreements entered into between the User and PCA via the Website, PCA and the User must directly cooperate together to try and find a solution.
14.2. The User may only assign the rights arising from any contractual relationship with PCA to third parties with PCA’s prior written consent.
14.3. If any part of these T&Cs is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these T&Cs will not be
affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
15. Complaints and User Service
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting our Manager, Data Privacy, Risk & Controls at the details below:
(i) By phone: 1800 711 911
(ii) By post: 109-111 Victoria Parade, Collingwood, VIC
3066, Australia
(iii) By email: privacy@porsche.com.au