By accessing or using the BWA Auto website you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the BWA Auto website) as amended from time to time.
1About the BWA Auto website
(a) BWA Auto publishes or makes available on the BWA Auto website information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by BWA Auto and third parties (Material). BWA Auto does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the BWA Auto website or on any web site that links from the BWA Auto website. (including third party display advertisements).
(b) BWA Auto does not provide any warranty in relation to any goods or services advertised for sale on the BWA Auto website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
2Personal and Non Commercial Use Only
(a) Use of the BWA Auto website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of BWA Auto:
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material published on the BWA Auto website to create any web site or publication or searchable database;
mirror or frame any web site or page within the BWA Auto website;
use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the BWA Auto website or generate or compile any document, index or database based on the Material published on the BWA Auto website;
transfer or sell any information, functionality or products or services offered on the BWA Auto website; or
undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
(b) If BWA Auto considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to BWA Auto’ interests, then BWA Auto may immediately terminate your right to access and use the BWA Auto website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the BWA Auto website.
3You are Responsible for the use of the BWA Auto website
(a) Whilst BWA Auto takes care to ensure that the Material on the BWA Auto website is correct, current and free from errors, BWA Auto does not warrant the accuracy or completeness of or the representations made in the Material on the BWA Auto website or any web site that links from the BWA Auto website or any information received as a result of using the BWA Auto website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
(b) The services and Material made available on the BWA Auto website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.
(c) You agree to indemnify BWA Auto against any liability, loss, claim or demand if BWA Auto (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access the BWA Auto website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to BWA Auto that you accept all liability for any unauthorised use of any username and password issued to you.
4Goods and Services Provided By BWA Auto
If BWA Auto offers goods or services to you, including advertising any item for sale on the BWA Auto website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5BWA Auto Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by BWA Auto are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, BWA Auto will only be liable to you:
pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of BWA Auto is limited, at BWA Auto’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by BWA Auto.
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, BWA Auto, will not be liable to you: for claims arising out of or in connection with your access and use of the BWA Auto website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, BWA Auto will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term BWA Auto will mean BWA Auto, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
6Copyright, Trademarks and Licence
(a) Material on the BWA Auto website is © BWA Auto.com Limited and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by BWA Auto. Unless otherwise indicated on the BWA Auto website, the material on the BWA Auto website is owned by or licensed to BWA Auto and is subject to copyright (the “Copyright Material”).
(b) You may:
only copy or reproduce the Copyright Material for the purpose of browsing the BWA Auto website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) BWA Auto.com.au and other names of BWA Auto product and/or services referenced herein are trademarks or registered trademarks of BWA Auto.com Limited. Other product and company names mentioned on the BWA Auto website may be the trademarks of their respective owners.Nothing displayed on the BWA Auto website should be construed as granting you any intellectual property rights including the right to use any trademark, without BWA Auto’ (or the relevant owner’s, if applicable) express written consent.
7Membership to the BWA Auto website
(a) If you choose to become a member of the BWA Auto website, additional products and services may be made available to you.
(b) By becoming a BWA Auto member, you agree to receive electronic communications from BWA Auto about its products and services.
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
(a) Any software, including HTML code and ActiveX controls, that is made available to download from the BWA Auto website (“Software”) is owned by BWA Auto and/or its suppliers.
(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
(c) If there is no License Agreement, BWA Auto grants you a personal, non-transferable license to use the Software for viewing and otherwise using the BWA Auto website in accordance with these terms and conditions, and for no other purpose. You must not:
copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
9BWA Auto and Your Privacy
10What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
11BWA Auto May Change These Terms and Conditions
(b) BWA Auto may cease to provide you with access to the BWA Auto website or any of its services without notice.
(c) All rights not expressly granted are reserved.