Terms and Conditions

Terms and Conditions

MTA GROUP Website Terms & Conditions (Terms of Use)

1. MTA GROUP Website

The Motor Traders’ Association of NSW ABN 63 000 008 088 ("MTA GROUP") websites, operate under the domain name of www.mtansw.com.au, www.mtacareers.com.au and it’s associated sub-websites.

Associated sub-websites are as follows:

·         www.driveyourfuture.com.au

·         www.mtacareers.com.au

·         www.mytradestart.com

·         www.mytradestart.com.au

·         www.ahvra.com.au

·         www.atbnsw.com.au

·         www.eris.com.au

·         www.motortradescare.com.au

·         www.mtaact.com.au

·         www.mtaeasyjobs.com.au

·         www.mtansw.net.au

·         www.mtatraining.com.au

·         www.mtatraining.net

·         www.e-mta.com.au

·         www.jobskills4youth.com.au

·         www.careeroptionstrainingaustralia.com.au

·         www.mtatraining.org

·         www.motortradescare.com

·         www.motortradescover.au

·         www.motortradescover.com.au

The Websites are offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to the Websites constitute your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Websites as they are changed. By continuing to use our Websites you accept the Terms of Use as they apply from time to time.

The laws applicable to use of the Websites and to disputes arising out of the Websites are the laws applying in the State of New South Wales in Australia. If you access the Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

2. Definition

(a) Employer is any person, organisation, association or corporation which seeks to employee any person for a position; and  

(b) Employee is any person who seeks to be employed by an Employer for any position as it appears on these websites.

3. Anti-spam notice

Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by MTA GROUP as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages, in breach of the Spam Act (Cth) 2003

4. Website Content

Material or information ("Content") on the website is subject to periodic changes and may include technical inaccuracies or typographical errors. MTA GROUP respectively do not warrant the accuracy, completeness or adequacy of the Content in the Websites. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.

The information contained in these websites is factual information or general advice only and has been prepared without taking into account your particular objectives. In addition, any information provided by any Employer or Employee who utilizes the websites has been prepared by that Employer or Employee. MTA GROUP has not vetted or critiqued the information as provided and makes no warranties as to the accuracy of any information contained within this material. Any user of the information contained within these websites should make their own independent enquires as to the accuracy of any information contained within any job as advertised or any curriculum vitae (CV) as appearing on the website

Content that any user of the websites uploads such as photos, videos and documents maybe protected by Intellectual Property Laws. You retain ownership of the intellectual property rights (things such as copyright and or trademarks) in any such content as uploaded. However, by uploading this content you warrant that you own the intellectual property rights in any document, photo, video or other content as uploaded. Further, by uploading the content you provide MTA GROUP with a non-exclusive, royalty free licence to host, use, distribute, modify, copy or display on the websites and to any person or organization who registers for useage of the websites.

In the event that MTA GROUP, in its sole discretion determines that any content within any document, symbol, brand, photo or video, uploaded by any Employer or Employee is:

1.  Offensive, inclusive of displays of nudity and other graphic material;

2. Promotes any illegal activity inclusive of fraud and deception;

3. Violent or incites hatred towards any section of the community;

4.  In breach of any person or organisations intellectual property rights;

5.  In breach of any discrimination laws within the Commonwealth of Australia;

6. Contrary to current community standards;

then MTA GROUP has the sole right to amend or remove any such content from the websites. In addition, MTA GROUP reserves the sole exclusive right to disable any account of an Employer or Employee who it considers is in breach of these terms and conditions.

5. Use of Website Content

MTA Group prohibits the use of materials downloaded or otherwise obtained from it’s websites other than with express intended use. Parties are prohibited from utilizing data or content downloaded from the website for any purpose, except with express permission of MTA Group. This includes, but is not limited to:

a.      False or misleading advertising

b.     Unapproved endorsements, including of material or content in breach of the guidelines as set out in part 4 of this agreement

c.      Use of materials for the purpose of falsely representing as a MTA Group representative

d.     Any other purpose not expressly permitted by MTA Group

The above list is not exhaustive

Parties who are in breach of the above may be subject to appropriate sanction as is within scope of the organisation and/or any relevant law. This includes, but is not limited to, suspension and/or revocation of membership, reporting of parties to relevant regulators, and/or relevant legal action within an appropriate court or tribunal.

6. External links and advertisements

The Website contains links to websites maintained by other organizations over which MTA GROUP. MTA GROUP do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

MTA GROUP does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked or is responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services. You must not create or maintain any link from another website to the Website without our written consent.

7. Limitation of liability

MTA GROUP (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will MTA GROUP be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

MTA GROUP shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

MTA GROUP excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. 

8. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on the Website under a license or agreement, all the Content of the Website and downloads from it, is owned by MTA GROUP. All rights are reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

MTA GROUP grants you permission to do the following with the Content unless otherwise indicated:

• store a reproduction of the Content on your local computer for the sole purpose of viewing it
• print hard copies of the Content for non-commercial use or personal use only

• reproduce or distribute any complete page of the Content so long as: you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document you do not modify the copy from how it appears on the Website (unless expressly authorised by MTA GROUP)
• this copyright notice appears in its entirety in each copy made or distributed, and the content is appropriately attributed to MTA GROUP as relevant.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the Content on the Website including audio and video excerpts without the prior written approval of MTA GROUP as relevant.

9. Copyright in other material

MTA GROUP makes no warranties or representations that third party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

10. Trademarks

Trademarks including but not limited to the words "MTA GROUP", unless otherwise indicated, are owned by MTA GROUP in Australia and may be the subject of rights in other countries. You must not use MTA GROUP's trademark except: (i) by saving or printing out a copy of the Website as permitted by the copyright notice above; (ii) as permitted by written agreement from MTA GROUP as relevant.

The Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

11. Indemnification

You agree to indemnify, defend and hold harmless MTA GROUP, their officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. MTA GROUP respectively reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

12. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms.

13. Variation of terms of use

MTA GROUP reserves the right, at their sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

14. Website unavailability

MTA GROUP does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of MTA GROUP.

15. Creating an account

Whether you are a member of MTA GROUP or a non-member, you will need to create an account in order to upload any documents, video, photo or other material in relation to the useage of these websites.  Upon creation of an account the user provides consent to the collection of any personal information as required by the Privacy Act (Cth) 1988. In addition, the user provides to MTA GROUP a licence to use the material uploaded in accordance with these Terms and Conditions. MTA Group will provide disclosure of the primary use of any data gathered within the website.

16. Password requirement

Any user of the websites may obtain a password by logging into the relevant website and registering for a password. For further information, please contact us. MTA GROUP may refuse to issue a password, in their sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

17. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the Website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

18. Limitation of liability

To the extent permitted by applicable law, MTA GROUP, its employees, agents and consultants exclude all liability for any loss or damage claims and expenses including but not limited to legal costs, indirect special or consequential loss or damage (including but not limited to, negligence) arising out of the information in this tool. Where any law prohibits the exclusion of such liability, MTA GROUP limits its liability to the resupply of the information.

19. Payments

MTA GROUP securely handles payments in accordance with The Payment Card Industry Data Security Standard (The PCI-DSS) and Australian privacy laws. The Website uses secure payment data stored by its payment processor-Braintree. Little Big Shop (Our Website Online Shop Provider) does not store any payment or credit card data. 

A tax invoice (receipt) will be issued for completed purchases. Any dispute regarding the invoice must be notified to MTA GROUP as relevant within two business days of receipt of invoice.

The following payment options are available:

• Credit card
• PayPal
• Capricorn

The following credit cards are accepted:

• Visa
• Mastercard

Note: A surcharge of 1.5% applies to all credit card payments

20. Prices

All sales are in Australian dollars $AUD.

Prices are correct at the time they appear on the Website. However, MTA GROUP reserves the right to change prices at any time, including due to currency fluctuations.

Prices have a goods and services tax ("GST") component which you may check at point of payment. GST will apply depending on the service you are purchasing.

21. Jurisdiction

The law which shall apply to these Terms and Conditions are the laws within the State of New South Wales (Australia). Further in the event of any dispute surrounding the usage of these websites, the Employer or Employee agrees that the Courts of the Stage of New South Wales shall have jurisdiction to hear and determine any such dispute.