Shannons Club Terms of Use

Welcome to Shannons Club!

Shannons Club is operated Shannons Pty Limited (ABN 91 099 692 636) ("Shannons", "we" or "us") and includes the:

• Shannons Club website (club.shannons.com.au/club); and
• Shannons Club mobile device site (m.shannons.com.au/club). collectively "Shannons Club".

Shannons Club is an online platform where motoring enthusiasts can connect with one another, share their passion and discuss motoring related content, find or list a Car Club, watch the latest motoring shows on Shannons Club TV and even list, locate, rate and review business specifically for motoring enthusiasts. We are here to listen to our members and welcome your feedback or suggestions. Let us know what you think by emailing us at info@shannonsclub.com.au.

By accessing, viewing or using Shannons Club, you agree to these terms.

If you have a customer enquiry or you would like information about Shannons products or services, please visit www.shannons.com.au or call us on 13 46 46.

1. Your privacy

   1. Your privacy is important to us. Read the Shannons Club Privacy Statement for information about how we handle the personal information of Shannons Club users.
   2. Notwithstanding any other term, you agree and freely acknowledge that when you submit comments, recordings, images or other personal content, for public display on Shannons Club, that content may be available for anyone in the world to read and/or view and/or comment on and potentially download.

2. Accessing Shannons Club and membership

   1. Shannons Club access rights depend on whether you are a member. Non-members can access limited content such as general news, auction news and public Shannons Club member profiles. Some parts and functions of Shannons Club are only accessible to you if you are a registered Club member and have "logged in".
   2. You must be natural person at least 16 years of age to register for individual Shannons Club membership.
   3. Business membership is only available to Australian businesses with an ABN, and you must be authorised to register on behalf of that business.
   4. All information provided in a registration for Shannons Club membership must be true and accurate, and you must not impersonate any other person or business in your registration. Any false information may result in suspension of membership, and in the case of business membership, removal of a Shannons Club Business Directory listing.
   5. We reserve the right to verify the authenticity of all Shannons Club membership applications and to vary Shannons Club login requirements from time to time.
   6. You must not provide your personal login password to any other person, or allow any other person to use your personal login. If you suspect unauthorised use of your account you should immediately contact the Shannons Club on info@shannonsclub.com.au.
   7. By becoming a Shannons Club member you agree to receive emails from time to time from Shannons and any related companies that use the Shannons brand about news, special offers, products and services that you might be interested in, including fortnightly updates from Shannons Club. If you don't wish to receive these emails, you can change your preference when you log into your Shannons Club account (see Account Settings). If you are a Shannons customer that has previously opted out of these communications and the email address you nominated previously is the same as the email you nominate when registering for Shannons Club, we will continue to honour your earlier preference.
   8. Notwithstanding anything in term 2.7, Shannons Club members agree that Shannons Club will contain general promotional material from Shannons and may contain promotional material from other parties from time to time.

3. User content on Shannons Club (including the Shannons Club Business Directory)

   1. Members can upload content to Shannons Club, including text, comments, recordings, images or other content ("User Content"). Club members must select an initial privacy setting at registration, which can be updated.
   2. Shannons Club members acknowledge and accept that when uploading User Content they must exercise discretion as to what personal information or what information otherwise capable of identifying specific people, vehicles and/or their physical locations is uploaded for member or public access. Shannons Club allows members to restrict which users can view their profile and uploaded content. To the extent permitted by law, Shannons accepts no responsibility for any loss, damage, injury or grievance arising from or in any way involving a member uploading content to Shannons Club.
   3. When you submit any User Content to Shannons Club, unless we advise otherwise, you license and grant Shannons, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.
   4. You are fully responsible for the User Content you submit. To the full extent permitted by law Shannons shall not be liable in any way for such User Content and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by a Shannons Club user. Shannons may screen and/or remove and/or request that the third party operator of any social media site or website remove any User Content without notice for any reason whatsoever.
   5. You warrant and agree that:
      1. you will not submit any User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other third party right, or is unreasonably commercial (for example, a 'guerrilla marketing' attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;
      2. you will obtain prior consent from all persons who appear in (for example, in photographs) or have any rights in relation to any property that appears in or forms part of the User Content;
      3. your User Content will be your own original work or, to the extent that any rights in that work (including copyright) are not owned by you, you will obtain full prior consent from any person who has jointly created or has any rights in the User Content, to the uses and terms herein;
      4. your User Content will not contain viruses or cause injury or harm to any person or entity or device; and
      5. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems. We encourage members to report inappropriate content using the "Report Abuse" links throughout Shannons Club.
   6. You consent to any use of your User Content in accordance with these terms which may otherwise infringe their moral rights pursuant to the Copyright Act 1968, including Shannons or its affiliates and sub-licensees using and reproducing the User Content without attributing it to you, or making modifications or adaptations to the User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media. You warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has contributed to the creation of the User Content.
   7. Shannons Club members can amend or delete certain content they upload. Where amendment or deletion is permitted, such options will be readily visible.

4. Shannons Club Business Directory listings

   1. Business listing content is User Content and therefore must comply with term 3, and must not assert that the business is endorsed or backed by Shannons.
   2. Without limiting term 4.1, by submitting content to a Shannons Club Business Directory listing, you represent that:
      1. it comprises true and accurate representations of the service and product offerings of the relevant business at the present time of trading. False or misleading information may lead to listings being removed without notice; and
      2. you own or are entitled to use the content and it is not copied in part or whole from any other site or property without authorisation.
   3. If you are a business owner and believe that your business has been registered in the Shannons Club Business Directory by an unauthorised party, please contact us immediately via email on info@shannonsclub.com.au.
   4. Once approved and uploaded business listings will remain visible, and it will not be possible for them to be removed. If you no longer want to be active with your business listing or your business has closed, please inform us via email to info@shannonsclub.com.au. Once verified, the listing will remain with a reference mark indicating that it is no longer open or active.

5. Private transactions

   1. Notwithstanding term 14.2, Shannons accepts that members may from time to time communicate directly with one another using the medium of Shannons Club in relation to the private sale or potential private sale of motor vehicles, motor vehicle components, motor memorabilia or other property or interests in property ("Private Transactions"). For the avoidance of doubt, Private Transactions include transactions that do not involve any financial consideration.
   2. To the extent permitted by law, Shannons accepts no responsibility for any loss (whether direct, indirect, financial or otherwise), damage, injury, death, claim, grievance or dispute arising from or in any way involving a Private Transaction.
   3. Shannons Club members agree that Shannons is not a party to any Private Transaction and in no way warrants the existence of any property offered, its condition, fitness for use (for example, for registration, re-registration, repair, restoration, road use or otherwise) or the representation(s) made by any member. Members agree to verify the authenticity and condition of any property related to a Private Transaction before proceeding.
   4. Shannons does not act as an agent, broker or representative of any member with respect to any Private Transaction and is not responsible for the terms of any Private Transaction or for in any way mediating or resolving any dispute between members. Shannons encourages members to resolve any disputes in relation to a Private Transaction by way of good faith negotiation with one another, or otherwise by exercising their legal rights.
   5. Shannons Club members participating in a Private Transaction agree to take reasonable precautions (and where appropriate seek expert advice and/or the advice of the relevant road traffic authority and/or information from the relevant vehicle securities register) before and during the conduct of the Private Transaction.
   6. You indemnify Shannons (including for any legal costs Shannons incurs) in relation to any claim, demand or action against Shannons, or any cost Shannons incurs, arising from the your breach of these terms or from any fraudulent, misleading, unfair or 'breach of bargain' conduct on your behalf in relation to a Private Transaction.

6. Non-compliance

   Any non-compliance with these terms may result in Shannons taking one or more of the following actions:

   • notifying you of your non-compliance;
   • editing non-compliant content;
   • removing non-compliant content;
   • notifying of you a 'strike' against your Shannons Club membership (upon the accumulation of three strikes Shannons reserves the right to permanently cancel your membership); and/or
   • immediately cancelling your membership for material non-compliance (as determined by Shannons).

7. Cancelling Shannons Club membership

   1. Shannons Club members can cancel their Shannons Club membership at any time by selecting "Cancel membership" under "Account Settings". If you are a business member and no longer want to be active with your business listing, you can elect to transfer or deactivate it (but it will remain visible, refer to term 4.4).
   2. By cancelling their membership a member acknowledges that their personal information and any uploaded content will be handled by Shannons in accordance with these terms. Cancellation of membership will result in the member no longer being able to log in to Shannons Club, or access any content which they have uploaded.

8. Shannons and any Insurance Advertisement on Shannons Club

   1. Unless otherwise stated, Shannons property insurance policies (car, motorcycle, building and contents) are issued by AAI Limited ABN 48 005 297 807 AFSL no. 230859 while Compulsory Third Party Personal Injury ("CTP") insurance policies are issued by AAI Limited ABN 48 005 297 807 trading as GIO. Shannons acts as agent and authorised representative of the relevant insurer described above in each instance. Shannons, AAI and GIO are members of the Suncorp Group.
   2. Unless expressly stated otherwise nothing on Shannons Club purports to provide you with financial product or investment advice and the information available on Shannons Club does not take account of your personal circumstances or specific insurance needs. You should always read the Product Disclosure Statement for the Shannons product you are interested in and consider whether you require independent advice before acting upon any Shannons Club content. You can read the PDS for the product you're interested in at shannons.com.au or call 13 46 46 for a free copy. Shannons only offers insurance in Australia.

9. Promotions we may run

   If you participate in a promotion that is featured on Shannons Club, you will be bound by any additional terms and conditions that apply to that promotion, which will be drawn to your attention as part of the entry process.

10. Third party sites

    Shannons Club may contain links or references to third party sites. We do not endorse or approve of such sites and are not responsible or liable for the content of those sites. Your access to and use of third party sites is at your own risk.

11. Limitation of liability

    1. While reasonable steps have been taken to ensure that information is free from error, to the extent permitted by law, Shannons does not warrant the accuracy, reliability, currency or completeness of Shannons Club content, including any User Content. All information is subject to change without notice. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
    2. To the extent permitted by law, Shannons and its directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Shannons Club content or functionality, or to access (or lack of access) to Shannons Club by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

12. Indemnity

    You indemnify Shannons (and any of its related bodies corporate) in respect of any liability incurred by Shannons (or any of its related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by Shannons (or any of its related bodies corporate) as a result of your breach of these terms or your use of Shannons Club.

13. Availability of Shannons Club

    1. Since electronic services are subject to interruption or breakdown, access to Shannons Club is offered on an "as is" and "as available" basis only, and we may impose limits or restrictions on your use. Shannons does not guarantee that Shannons Club will be free from viruses, or that access to Shannons Club will function as intended or be uninterrupted. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw your access to Shannons Club (of part thereof) at any time and without notice to you.
    2. Any cost associated with accessing Shannons Club is your responsibility and is dependent on the internet or telecommunications service provider used.

14. Restrictions on use

    1. The content contained on Shannons Club is provided solely for bona fide personal or commercial customers only. You agree that you will not, (either yourself or through any third party):
       1. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any Shannons Club web pages, or any of the information, content or data contained within or accessible through Shannons Club, without our prior written permission;
       2. use any Automated Process to aggregate or combine information, content or data contained within or accessible through Shannons Club with information, content or data accessible via or sourced from any third party;
       3. use any information on or accessed through Shannons for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
       4. use any device, software, process or routine to interfere or attempt to interfere with the proper working of Shannons Club or any transaction or process being conducted on or through it;
       5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to Shannons Club;
       6. reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with Shannons Club; or
       7. copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from Shannons Club without our prior written permission.
    2. Other than as permitted as part of an approved Shannons Club Business Directory listing, members must not use the Shannons Club in a commercial manner (as determined by Shannons in its sole discretion). This includes use of the Shannons Club to in any way advertise goods or services offered for routine/repeat sale or by sale by a business of any type. For example, the commercial sale of vehicles or vehicle components, the commercial repair or restoration of vehicles or vehicle components, or the commercial sale of clothing or memorabilia.

15. Copyright and trademarks

    1. Copyright in the Shannons Club content is owned by or licensed to Shannons and may not be used, reproduced, adapted or transmitted without express authorisation.
    2. Shannons and each of its related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. The Shannons chequered flag and shield image and the chequered flag image with the words insurance and auction sales are both registered trademarks of AAI Limited. AAI Limited additionally reserves its rights in relation to the marks: Shannons Club, Shannons Garage, Shannons My Garage. Shannons holds the registered trademark Share the Passion and regularly uses the phrase Insurance for Motoring Enthusiasts in trade and commerce.

16. Termination

    We reserve the right to terminate your access to Shannons Club at any time. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of Shannons, will survive any termination.

17. Cookies

    1. Shannons Club may use cookies to interact with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A "cookie" is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
    2. Cookies may be used to collect and use information for a range of purposes, including to maintain and improve the operation of internet sites across the Suncorp Group, to track user preferences and product requirements, to customise sites and to improve advertising relevance. We may also have an arrangement with third parties who may use our cookies to improve our advertising relevance to you on their site.

18. Changes to these terms

    These are the current Shannons Club Terms of Use (refer to the end of these terms for their date). Shannons may at any time vary these terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of Shannons Club, by publishing the varied terms on this site. You accept that such publication will be sufficient notice of the variation, without the need to specifically contact or notify you of the changes. By your use of Shannons Club after any variation, you are taken to have accepted the new terms.

19. General

    1. The law applicable to Shannons Club, and any complaints related to Shannons Club is the law of the State of Queensland Australia. By using Shannons Club, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, and appeal therefrom.
    2. Although Australian websites may be accessed outside of Australia, we make no representation that Shannons Club content complies with the laws of any other country.
    3. If any part of these terms is found to be void, unenforceable or invalid, then it is severed, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these terms.