Terms & Conditions
1. Welcome to DownThunder
1.1 DownThunder is developed, owned, operated and maintained by Torsten Schmidt. DownThunder's purpose to share knowledge and experience about Offroad vehicle modifications & aftermarket parts, offroad parks, camp sites and workshop tips and tricks.
1.2 Please note that your access to and use of the Website is subject to your acceptance and compliance with this Agreement. By using and/or continuing to access the Website, you agree to be bound by this Agreement and any amendments to it. If you do not agree to any of the terms and conditions of this Agreement or any amendments, please stop using the Website immediately.
2. About the Agreement
2.1 To make this Agreement easier to read, we have defined certain words and phrases and capitalised them throughout this Agreement. Definitions of those words can be found in clause 19.
2.2 Use of some parts or features of the Website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
2.3 We may amend this Agreement at any time without notice. Any amendments to this Agreement will be effective as soon as they are posted to the Website. By using this Website you agree to be bound by any changes to this Agreement.
3. Membership of the DownThunder Website
3.1 Membership is basically open to everyone. This Website is not available to anyone whose previous membership of the Website has been permanently suspended or terminated the administration.
3.2 Individuals must register in their own right (ie. not on someone else’s behalf).
3.3 We may decide in our sole discretion whether to accept your registration.
3.4 If you register as a member you will receive a password.
3.5 You are entirely responsible for the confidentiality and use of your username and password.DownThunder does not take any responsibility for misuse of membership details. Please notify us immediately if you become aware of any unauthorised use of your username and/or password.
3.6 Your membership account (including any feedback between you and DownThunder, your username and password) is personal to you and may not be sold, assigned or transferred to anyone else. As it is in everyone’s interests to promote authenticity and reliability of membership, if you attempt to sell, assign or transfer any aspect of your account, we may suspend or terminate your membership.
3.7 We will communicate with you through the email address you provide on registration. You should notify us promptly if there is any change in the details you provided on registration.
4. Protecting Your Privacy
5. Terminating Your Membership
5.1 Either you or DownThunder may terminate your membership at any time without cause by giving notice to the other in writing.
- (1) you breach this Agreement or the terms of any other policy or document incorporated into this Agreement by reference;
- (2) you act in any manner which we believe is unlawful, or which we believe may give rise to legal liability for you, our Members or DownThunder;
- (3) we are unable to verify or authenticate any information you provide us; or
- (4) other Members frequently leave negative feedback about you, then we may, in our absolute discretion, immediately and without notice, temporarily suspend, indefinitely suspend or terminate this Agreement and your membership of the Website. If we do this, all of Your Information will be automatically removed from the Website.
5.3 If this Agreement terminates:
- (1) you are no longer authorised to interact with the Website;
- (2) all restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in this Agreement will survive; and
- (3) any rights or remedies which DownThunder may otherwise have under this Agreement or at law will be unaffected.
6. Use of the Website
6.1 You may not use the Website in any manner or for any purpose that is unlawful, that violates any right of DownThunder or any other person, or that is prohibited by this Agreement. In particular, but without limitation, it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
- (1) use the Website for commercial purposes unless you are have an agreement with DownThunder;
- (2) use any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website, including any robot exclusion headers;
- (3) restrict or inhibit any other User or Member from using or enjoying the Website;
- (4) distribute or transmit any content of any kind which contains a virus or other harmful component;
- (5) distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Members or Users;
- (6) use the Website for the purpose of advertising or promoting political parties or extremist organisations;
- (7) violate any Applicable Law relating to your use of the Website; or
- (8) use the Website in any manner which we, in our sole opinion, consider inappropriate or inconsistent with the intended purpose of the Website.
6.2 In order to protect other Users, Members and DownThunder from inappropriate use of the Website, you warrant, without limitation, that Your Information:
- (1) relates directly to 4WD and off-road vehicles, or activities associated with 4WD and off-road vehicles or is information to educate the members of this website about offroading and camping;
- (2) is owned by you;
- (3) does not infringe any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- (4) is not false, inaccurate, misleading or fraudulent;
- (5) is not obscene, violent, lewd, sexually explicit, defamatory, libellous, threatening or harassing;
- (6) does not contain nudity or offensive subject matter or contain a link to an adult website;
- (7) does not involve commercial activities or sales, including advertising or pyramid schemes;
- (8) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy;
- (9) does not contain or describe pornography and is not otherwise harmful to other Members or Users;
- (10) does not violate any Applicable Law; and
- (11) will not create liability for DownThunder or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
6.3 DownThunder reserves the right to investigate and take appropriate legal action against any Member who breaches clause 6.2, including without limitation, removing the offending content without notice to the offending Member, terminating their membership, and/or referring a Member to the appropriate law enforcement agencies.
6.4 If you believe that a Member has violated this Agreement including without limitation by posting inappropriate or offensive material on this Website, please alert the Website administrators by clicking on the link entitled "Report Abuse”. DownThunder will consider all reported incidents, however it does not guarantee that a request for removal of content will be accepted.
7. Your Information
7.2 You must promptly inform us if you become aware that any of Your Information breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.
7.3 In order to protect your security, we encourage you not to include any personal information that makes you readily identifiable to other Users or Members, for example photos of yourself outside your home, or photos of your car’s licence plate numbers. In addition, you should never share information such as your telephone number or home address with other Members or Users.
7.4 Please refer to our Safety Tips for additional information regarding safety.
8. Other Information
8.1 We do not check, and do not take responsibility for:
- (1) the veracity, accuracy or completeness of information provided by Members on or in connection with the Website (including the identity, age or place of residence of Members); or
- (2) the content of information posted on the Website by Members, which other Members may regard as harmful or offensive; or
- (3) content on this Website which we source from Third Party Websites.
8.2 In using the Website, you acknowledge that Members may have registered under false pretences and that there are risks involved in communicating with and disclosing Your Information to other Members.
8.3 We reserve the right to remove content that we in our sole opinion consider offensive, illegal or may violate the rights of any person, or may harm or threaten the safety of any person.
9. Intellectual Property
9.1 You acknowledge that the content in this Website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights. All Copyright material on this website is owned by either DownThunder or reproduced with the permission of the author.
9.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of DownThunder, do any of the following things, either directly or indirectly:
- (1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store content;
- (2) incorporate content into any other website or use content for any commercial purpose;
- (3) store content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
- (4) use content in any manner or for any purpose which is unlawful, which violates any right of DownThunder or which is prohibited by this Agreement.