Terms and Conditions

Last Updated: July 14, 2025

1. Acceptance of Terms

By accessing, using, or registering for Anorak Platform ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Platform.

2. Description of Service

Anorak Platform is a social community platform where automotive enthusiasts can:

  • Share images, videos, posts, and stories about cars
  • Create profiles and set usernames
  • Add information about cars they own or admire
  • Browse and interact with content from other users
  • Participate in groups, channels, and collections
  • Engage with community features and messaging

3. User Accounts and Registration

3.1 Account Creation

  • You must be at least 13 years old to create an account
  • You must provide accurate and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

3.2 Username and Profile

  • Usernames must not be offensive, misleading, or infringe on others' rights
  • You may not impersonate any person or entity
  • Profile information should be accurate and up-to-date

4. User Content and Conduct

4.1 Content You Share

You retain ownership of content you post, but grant us the following rights:

  • A worldwide, non-exclusive, royalty-free license to use, display, and distribute your content
  • The right to modify content for technical or operational purposes
  • The right to remove content that violates these Terms

4.2 Content Guidelines

You agree not to post content that:

  • Is illegal, harmful, threatening, abusive, or defamatory
  • Infringes on intellectual property rights
  • Contains personal information of others without consent
  • Is spam, misleading, or fraudulent
  • Contains nudity or sexually explicit material
  • Promotes violence, discrimination, or illegal activities

4.3 Car Information

  • When adding car information, provide accurate details about make, model, year, and other specifications
  • Do not claim ownership of cars you do not own
  • Respect others' privacy when sharing information about their vehicles

5. Prohibited Uses

You may not:

  • Use the Platform for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Upload viruses or malicious code
  • Harvest or collect user information
  • Create multiple accounts to circumvent restrictions
  • Engage in commercial activities without our permission
  • Use automated systems (bots) without authorization

6. Intellectual Property

6.1 Platform Content

The Platform's design, features, and functionality are owned by us and protected by copyright, trademark, and other laws.

6.2 User Content

You represent that you own or have the necessary rights to share all content you post.

6.3 Copyright Infringement

We respond to valid copyright infringement claims in accordance with the Digital Millennium Copyright Act (DMCA).

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

8. Community Standards

8.1 Respectful Interaction

  • Treat all users with respect
  • Engage in constructive discussions
  • Report inappropriate behavior

8.2 Groups and Channels

  • Follow specific rules for groups and channels you join
  • Moderators may remove content or restrict access for violations

9. Platform Modifications

We reserve the right to:

  • Modify or discontinue features at any time
  • Update these Terms with notice to users
  • Suspend or terminate accounts for violations

10. Disclaimers and Limitations

10.1 Service Availability

  • The Platform is provided "as is" without warranties
  • We do not guarantee continuous, uninterrupted access
  • Features may change or become unavailable

10.2 User Interactions

  • We are not responsible for interactions between users
  • Users participate in the community at their own risk
  • We do not verify the accuracy of user-provided information

11. Limitation of Liability

11.1 Australian Consumer Law Compliance

Where you are an Australian consumer, our liability is limited to the fullest extent permitted by law. Under the Australian Consumer Law, we cannot exclude, restrict, or modify certain consumer guarantees. Where we are permitted to limit our liability, we limit our liability to:

  • In the case of services: supplying the services again or paying the cost of having the services supplied again
  • In the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacing or repairing the goods

11.2 General Limitations

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability shall not exceed the amount you paid us (if any)
  • We are not liable for losses caused by factors beyond our reasonable control

12. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of others' rights

13. Termination

13.1 By You

You may delete your account at any time through your profile settings.

13.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in prohibited activities
  • Pose a risk to other users or the Platform

14. Dispute Resolution

14.1 Informal Resolution

We encourage resolving disputes through our support team first.

14.2 Australian Consumer Law

If you are an Australian consumer, you have rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified. These include:

  • Right to a refund, repair, or replacement for major failures
  • Compensation for other reasonably foreseeable loss or damage
  • Right to cancel a service contract if the service is not provided within a reasonable time

14.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia, Australia.

14.4 Alternative Dispute Resolution

For disputes that cannot be resolved informally, Australian residents may access:

  • The Australian Financial Complaints Authority (AFCA) if applicable
  • State-based consumer protection agencies
  • Small claims tribunals for eligible disputes

15. Geographic Restrictions

The Platform may not be available in all countries. You are responsible for compliance with local laws.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us.

16.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

16.3 No Waiver

Our failure to enforce any provision does not waive our right to do so later.

16.4 Assignment

We may assign these Terms, but you may not without our consent.

17. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes through:

  • Email notification
  • Platform announcement
  • Updated "Last Updated" date

Continued use after changes constitutes acceptance of the new Terms.

18. Contact Information

If you have questions about these Terms, please contact us at:

  • Email: [Your Contact Email]
  • Business Address: [Your Business Address], Perth, Western Australia
  • ABN: [Your Australian Business Number]

For Australian consumer law inquiries, you may also contact:

  • Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
  • Department of Mines, Industry Regulation and Safety (Western Australia): www.dmirs.wa.gov.au

19. Australian Law Compliance

19.1 Privacy Act 1988 (Cth)

We comply with the Privacy Act 1988 and the Australian Privacy Principles (APPs). Our collection, use, and disclosure of personal information is governed by our Privacy Policy.

19.2 Spam Act 2003 (Cth)

We comply with the Spam Act 2003. Electronic communications will only be sent with your consent, and you may opt-out at any time.

19.3 Competition and Consumer Act 2010 (Cth)

We comply with the Competition and Consumer Act 2010, including the Australian Consumer Law provisions for fair trading and consumer protection.

19.4 Corporations Act 2001 (Cth)

As an Australian company, we operate in accordance with the Corporations Act 2001 and our obligations under Australian corporate law.

19.5 Online Safety Act 2021 (Cth)

We comply with the Online Safety Act 2021, including provisions for:

  • Cyber-bullying and image-based abuse prevention
  • Adult cyber-abuse material removal
  • Basic online safety expectations for social media services

19.6 Western Australian Laws

We also comply with applicable Western Australian state laws, including consumer protection and fair trading legislation.

These Terms and Conditions are effective as of the date listed above and govern your use of the Anorak Platform. This document is prepared under Australian law.