Ownership and purpose
www.mypriceboard.com (Mypriceboard) is owned and operated by MotorMouth Pty Ltd (MotorMouth). The purpose of www.mypriceboard.com is to enable service
station operators (“Operator”) to enter their retail fuel price (“Data”) for fuel currently being sold at their service stations for display onto various web sites including
www.motormouth.com.au and MotorMouth Partner Web and Mobi sites (“MotorMouth sites”).
MotorMouth’s acceptance of the Operator's application and the Operator’s entering of the Data is conditional on the Operator accepting and complying with the terms
contained in these Terms of Use and anywhere else on the MotorMouth and Mypriceboard Websites (“Terms of Use”).
The Operator must accurately complete the application and ensure that any changes in the information contained in the application are communicated to MotorMouth
in a timely manner to ensure accuracy on the MotorMouth sites. The Operator’s application and entering of Data constitutes their agreement to the Terms of Use
MotorMouth's Privacy Policy as well as any notices, other terms and conditions or disclaimers that MotorMouth may place on the MotorMouth sites relating to an
Operator's use of this site. MotorMouth reserves the right to amend the Terms of Use at any time.
The Operator is responsible for regularly reviewing the Terms
of Use and any additional terms posted and generally to keep up to date with any changes. The Operator's continued use of the MotorMouth and Mypriceboard Websites
constitutes the Operator's agreement to all the terms and conditions whether original, modified or substituted.
By completing the application and entering the Data, the Operator consents to the publication of the Operator's details on the MotorMouth sites.
Data
The Operator must enter the Data on Mypriceboard as soon as possible after any prices change at the Operator’s service station. The Operator
must ensure at all times that the correct prices are entered as Data. Prices provided to Mypriceboard must be the same prices as are at the time of entry being
displayed on priceboards and pumps at the Operator’s service station.
Failure to enter the correct price could be detrimental to MotorMouth’s goodwill, misleading and deceptive to the public and in breach of the
Trade Practices Act 1974, various State Fair Trading Acts as well as a breach of these Terms of Use. That action could also be detrimental to
the goodwill of the Operator and any Fuel Company associated with the Operator.
Data entered by the Operator will be uploaded from MyPriceboard to MotorMouth as soon as possible after it is received. MyPriceboard is unable
to accept forward prices which have yet to be displayed on price boards and pumps at the Operator’s service station. By use of the website, the
Operator agrees it is aware that MotorMouth will carry forward the latest advised price for each site from the previous day to the following day,
however the prices for the previous day will not be displayed on MotorMouth after 9:00am on the following day Monday to Saturday and Noon on Sunday (Brisbane time) and
the Operator will need to re-enter their current price each day regardless of whether the price has changed from the previous day.
The Operator will indemnify and keep indemnified MotorMouth from all damages, costs, expenses including legal costs on a full indemnity basis incurred
by MotorMouth arising directly or indirectly out of or in any way caused by or arising out of the Operator entering incorrect Data on Mypriceboard.
Ownership
Once the Data has been entered by the Operator into Mypriceboard, the ownership of the Data will vest in MotorMouth. MotorMouth may use
the Data in any manner it chooses but must use its best endeavours to ensure that whenever the Data is displayed that it displays the correct Data as entered by the Operator.
MotorMouth will not be liable in any manner whatsoever to the Operator for any error in the publication of the Data on the MotorMouth sites.
Cease to accept
MotorMouth may, at any time, discontinue accepting Data from any Operator for any reason MotorMouth thinks is appropriate. Without limiting the generality
of the foregoing, MotorMouth may deem it appropriate to discontinue accepting prices if an Operator enters the wrong Data in Mypriceboard.
Login – User Name and Password
The Operator is responsible for maintaining the confidentiality and security of their user name and password and is wholly responsible
for all activities that occur under the user name and password. The Operator agrees to immediately notify MotorMouth of any unauthorised use of the user
name or password. The Operator must ensure that they exit from the website at the end of each session.
If there is a breach of this condition, then the Operator will be liable to MotorMouth for all damages, costs, expenses including legal costs on a full
indemnity basis incurred by MotorMouth arising directly or indirectly out of a breach of the condition.
No Liability
MotorMouth will not be liable for any matter outside its control which interferes with Mypriceboard if Mypriceboard does not operate as contemplated.
General Terms
It is a condition of the Operator’s use of Mypriceboard and access to MotorMouth that the Operator must not do any of the following:
(a) restrict or inhibit any other person from using the Website;
(b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any
kind including anything which could encourage anyone to commit any criminal offence or give rise to civil liability or violate any law;
(c) post or transmit any material that infringes any person’s intellectual property rights or invades any person’s privacy;
(d) post or transmit any material that may contain a computer virus of any sort;
(e) post, transmit or in any way exploit any material of any kind for commercial purposes without MotorMouth’s prior written authorisation;
(f) delete any legal notices or proprietary designations or labels in any file. If any of the terms of this Clause are breached, MotorMouth will discontinue accepting
Data from an Operator immediately.
The Operator is solely responsible for prices posted by the Operator on this website, or otherwise transmitted to MotorMouth by any other means.
MotorMouth is not responsible for, and accepts no liability with respect to, any Data posted on the website, by any person.
General Legal Terms
(a) The parties agree that the Terms of Use will be governed by the law in force in the State of Queensland and agree to submit to the
non-exclusive jurisdiction of the Courts of Queensland, Australia.
(b) The parties agree that the Terms of Use and the general Terms of Use of the MotorMouth Website constitute the entire agreement between them and
upon acceptance by the Operator, the Operator will be bound by the Terms of Use subject to MotorMouth’s continuing right to amend the Terms of Use at any time without notice to the Operator.
(c) If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.
(d) No partnership, joint venture, employment or agency relationship exists between the Operator and MotorMouth as a result of these terms and conditions or use of this website.