Intellectual Property Notice
Last updated Version 1.2
This notice applies to the website at theautomotivesolutions.com.au and to all software, services and content provided through it (together, the Platform). The Platform is owned and operated by The Solution Team Pty Ltd (ABN 63 682 316 525), trading as The Automotive Solutions Team (we, us or our).
This notice should be read together with our Terms of Service and Acceptable Use Policy. If there is any inconsistency, the Terms of Service apply.
1. Ownership
1.1 We own, or are licensed to use, all intellectual property in the Platform. This includes the source code and object code, databases and data structures, system design and architecture, user interface design, text, graphics, logos, trade names and documentation (Platform IP).
1.2 Content that you or your business upload to the Platform remains yours. You grant us a licence to use that content only as needed to provide the Platform to you, as set out in the Terms of Service.
1.3 Nothing in this notice or in your use of the Platform transfers ownership of any Platform IP to you. Your subscription gives you a limited, non-exclusive, non-transferable right to use the Platform for your own business during your subscription, on the terms set out in the Terms of Service.
2. How the Platform IP is protected
2.1 Copyright. The software, written content and visual design of the Platform are protected by the Copyright Act 1968 (Cth). Computer programs are protected as literary works. Copyright protection arises automatically and does not require registration.
2.2 Trade marks and business names. Our name, logos and branding are protected under the Trade Marks Act 1995 (Cth) to the extent they are registered, and otherwise under the common law of passing off. Using our name or branding in a way that suggests a connection with us that does not exist may also contravene section 18 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
2.3 Confidential information. Non-public parts of the Platform, including its internal workings, pricing structures and any information disclosed to you as a subscriber, are confidential. Misuse of confidential information may give rise to a claim for breach of confidence.
2.4 Computer offences. Unauthorised access to, or modification or impairment of, computer systems and data is a criminal offence under Part 10.7 of the Criminal Code Act 1995 (Cth) and section 408E of the Criminal Code (Qld). Depending on the offence and its circumstances, maximum penalties range from 2 to 10 years' imprisonment, and may be higher where the conduct is intended to facilitate another serious offence.
3. What you must not do
Unless we have given you written permission, you must not:
(a) copy, reproduce, modify or create derivative works from any part of the Platform;
(b) reverse engineer, decompile or disassemble the Platform, or attempt to extract its source code, except to the extent the law expressly permits this despite this restriction;
(c) access the Platform by automated means, including scraping, crawling or bulk data extraction, other than through features we provide for that purpose;
(d) attempt to access areas, accounts or data you are not authorised to access, or test, probe or bypass any security measure;
(e) copy or replicate the Platform's design, workflows or features for the purpose of building or marketing a competing product;
(f) use any part of the Platform, or content taken from it, to train or develop machine learning or artificial intelligence systems;
(g) resell, sublicense or provide access to the Platform to anyone who is not an authorised user under your subscription; or
(h) remove or alter any copyright, trade mark or other proprietary notice on the Platform.
4. If this notice is breached
4.1 If we reasonably believe you have breached this notice, we may suspend or terminate your access to the Platform in accordance with the Terms of Service.
4.2 We may also seek any remedy available at law, which may include injunctions, damages or an account of profits, and recovery of our costs where a court allows it.
4.3 Where conduct may amount to a criminal offence, we may report it to the Australian Federal Police, the Queensland Police Service or another relevant authority.
5. Reporting a concern
If you believe the Platform infringes your intellectual property, or you are aware of someone misusing the Platform IP, please contact us at [email protected] with enough detail for us to investigate. We will respond within a reasonable time.
6. Governing law
This notice is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
7. Legislation referred to in this notice
The current versions of the legislation mentioned above are published at:
- Copyright Act 1968 (Cth): legislation.gov.au
- Trade Marks Act 1995 (Cth): legislation.gov.au
- Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law): legislation.gov.au
- Criminal Code Act 1995 (Cth), Part 10.7: legislation.gov.au
- Criminal Code (Qld), section 408E: legislation.qld.gov.au