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Terms and conditions.

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Titan DMS Terms of Use

Except as otherwise provided in a written agreement signed by Titan DMS, these Terms of Use represent the entire understanding between you and Titan DMS regarding your use of the website referred by the link enclosing these terms (the “Site”) and your submission of any materials to us.

By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Titan DMS reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer
TITAN DMS PROVIDES THE SITE AND ITS SERVICES ON AN “AS-IS” BASIS. TITAN DMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TITAN DMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TITAN DMS DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, TITAN DMS WHAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TITAN DMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability
IN NO EVENT SHALL TITAN DMS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE, ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF TITAN DMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TITAN DMS LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Titan DMS. Titan DMS provides these links solely as a convenience. The appearance of a link does not imply Titan DMS endorsement, nor is Titan DMS responsible for the content of any linked site. You access linked sites at your own risk.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights
The Site is owned by Titan DMS and contains material that is derived in whole or in part from Titan DMS and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Titan DMS express written permission.

Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Titan DMS, or their content suppliers, and are protected by Australian and other international copyright laws, © 2016 Titan DMS ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks
Titan DMS is a trademark of Titan DMS Pty Ltd. It may not be used in connection with any products or services other than those products or services offered by Titan DMS, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Titan DMS. All other trademarks are the property of their respective owners.

Notice of Potential Infringement
To notify Titan DMS of any suspected infringement, please contact us at contact@titandms.com.au

Applicable Law
Titan DMS operates the Sites from Brisbane, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by Titan DMS. Titan DMS may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Titan DMS, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Whilst all care has been taken to ensure accuracy in the preparation of the content on this website, no warranty can be given and interested parties must therefore rely on their own enquiries.

Last Updated: November 21, 2016

PROMOTIONAL TERMS AND CONDITIONS

AADA – 24th & 25th July, 2024

AADA, 2024 – Customer Free Prize Draw Promotion

  • Any employee of an Australia-based Titan DMS Customer Business that visits the Titan DMS stand at the AADA show (24th/ 25th July 2024), and has their show QR code scanned, enters their business into a Free Prize Draw to win “Two years FREE access to Titan Academy for every user within that business”.
  • The “Titan DMS Customer Business” must have a current contract with Titan and invoicing must be up to date.
  • The prize is offered entirely to the business the winning entrant is employed by, it does not relate to the individual entrant in any way and is not transferable to any other business.
  • The Draw will take place in Brisbane on Friday 26th July 2024 and the winner will be notified by email and a phone call within two business days. Names of prize-winners will be published on the Titan Linkedin page, through a follow-up email to all customers, and on www.titandms.com.au..
  • Entry is restricted to one entry per representative of the business whose QR code is scanned on the stand.
  • The prize is determined entirely by chance. The draw will be randomised and every entrant will have the same chance of winning. The draw will be conducted using https://www.randompicker.com/.
  • Entries close at 5 pm on Thursday 25th July 2024. There is no opportunity for late entry or entry without having visited the Titan DMS stand at the AADA show.
  • There are two prizes in total. Each prize consists of two years free access to Titan Academy for each licensed user of the winning business. If the prize-winning business has multiple locations then all sites within that multi-site business (that are Titan customers) are included, irrespective of which site the entrant is employed at. The prize is limited to the “free access to Titan Academy for 2 years” and any further costs associated with this promotion will be borne by entrants or prize winners.
  • The “two-year’ free access” starts from the first day of access being granted and lasts until the same date, two years in the future.  From that date on, access to Titan Academy will be removed, or charging at the prevailing rate will be implemented on approval from the Customer Business.  One month’s notice will be given prior to the end of the promotional free access period and confirmation will be given/ sought if the access is to be removed or moved to a paid subscription.
  • Prizes must be claimed, and the two-year promotional period must be underway, by 20th December 2024. The promoter reserves the right to cancel unclaimed prizes after this date.
  • Under this offer, Titan Academy’s initial user setup charges are waived for the existing Titan users within the winning business. The free setup period and “free access for 2 years” offer apply to the existing users within that business only, on the date the free access period begins. Titan reserves the right to charge for setup and licensing for any future or additional users.
  • If the prize-winning business chooses NOT to accept the prize for any reason, Titan DMS reserves the right to offer the prize to another randomly drawn customer business or remove the prize entirely. If another winner is selected, the original winner will have no further claim on the prize.
  • The promoter reserves the right to verify an entry or entrant and disqualify an entrant they have reason to believe has submitted an entry not in accordance with these Terms.
  • The promoter  will not be held liable for any failure of receipt of entries and takes no responsibility for any entries lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
  • The prizes are awarded “as is” with no warranty or guarantee, either express or implied by the promoter. The Winners may not substitute, assign, or transfer a Prize or redeem a Prize for cash but the Promoter reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one comparable of value or greater value.
  • The Promoter accepts no responsibility for any variation in the value of a Prize or any variation in a Prize advertised and the Prize provided.
  • By entering the Competition, you accept your name, location, business, and any other information submitted to the Promoter being broadcast and/or published by the Promoter.
  • The Promoter will ensure that all Personal Information is collected, stored, and used in accordance with its Privacy Policy which can be found at: www.titandms.com.au.
  • Without limiting the above, the Promoter reserves the right to modify, suspend, or terminate the Competition without notice. The Promoter may amend these Terms at any time.
  • The Promoter’s decision concerning any aspect of this Competition is final and no correspondence will be entered into.
  • To the extent permitted by applicable law, the promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
  • To the extent permitted by applicable law, the Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
  • The promotion is only open to Australia-based businesses.
  • The promoter is Titan DMS, Building 3B, Lakes Vista Office Park, 2 Flinders Parade, North Lakes, Brisbane.

AADA, 2024 – Non-Customer Show Offer

We will run a “SHOW OFFER” for any business that is not a current Titan DMS customer. The offer will be

1-year of FREE access to Titan Academy for every user in a business that signs up to Titan DMS for the rest of 2024.

Terms & Conditions

  1. The “1-year FREE access to Titan Academy for every user” offer is available to any business that is NOT a current customer of Titan DMS and signs a master contract by 31st December 2024 to install and use the Titan dealer management system. Payment of the initial deposit is to be received by 31st January 2025. The offer will not be valid for contracts signed, or deposit payments received, after these dates.
  2. This offer is only available to visitors to the Titan DMS stand at the AADA show (24th/ 25th July 2024) who have had their details scanned by Titan staff on the stand.
  3. The offer is available entirely to the business the participating individual is employed by, it does not relate to the individual in any way and is not transferable to any other business.
  4. The “1-year free access to Titan Academy for every user” show offer commences on the day the first user is onboarded to the Titan Academy system and ends one calendar year from that date.  Once the promotional period has ended, access to Titan Academy will be removed or charging will commence at the prevailing rate. One month’s notice will be given prior to the removal of access.
  5. Under this offer, Titan Academy’s initial user setup charges and subscription are waived for the Titan users onboarded at the commencement of the dealer management system contract. The free setup period and “1-year free access to Titan Academy for every user’” offers apply to the original users within that business only.  Titan reserved the right to charge for set up and licensing for any future or additional users even if that is within the offer period.
  6. Titan DMS accepts no responsibility for any variation in the value of the Offer or any variation in the Offer advertised and the Offer provided.
  7. By accepting the offer, you accept your name, position, location, business, and any other information submitted to Titan DMS may be broadcast and/or published by Titan DMS.
  8. Titan DMS will ensure that all Personal Information is collected, stored, and used in accordance with its Privacy Policy which can be found at: www.titandms.com.au.
  9. Without limiting the above, Titan DMS reserves the right to modify, suspend, or terminate the Offer without notice. Titan DMS may also amend these Terms at any time.
  10. Titan DMS’s decision concerning any aspect of this Offer is final and no correspondence will be entered into.
  11. The “1-year free access to Titan Academy for every user” offer is offered “as is” with no warranty or guarantee, either express or implied by Titan DMS. Companies or individuals accepting the offer may not substitute, assign, or transfer the offer or redeem for cash. Titan DMS reserves the right, at its sole discretion, to substitute this offer (or portion thereof) with one of comparable value or greater value.
  12. Promoter: Titan DMS, Building 3B, Lakes Vista Office Park, 2 Flinders Parade, North Lakes, Brisbane.