Introduction
1. This website, www.downundercarsales.com.au (Website) is operated by Denmont Nominees Pty Ltd ATF DUCS Trust trading as Down Under Car Sales (Down Under).
2. These terms and conditions of use (Terms and Conditions) apply to each person that uses the Website. If you intend to use this Website, you should read these Terms and Conditions carefully before using the Website. Your right to use the Website is conditional upon your acceptance and compliance with these Terms and Conditions. If you do not accept these Terms and Conditions you must not continue to use the Website. By using the Website you are agreeing to be bound by these Terms and Conditions.
3. Down Under may at any time vary these Terms and Conditions without notice. It is your responsibility to regularly check these Terms and Conditions as your continued use of the Website will constitute acceptance of any variations to these Terms and Conditions.
Use of the Website
4. All Down Under’s rights with respect to the Website and content displayed on the Website, including text, logos, graphics, photographic images, moving images, sounds, illustrations and software (Content) and the general design, layout and source code of the Website are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.
5. Down Under grants you a licence to use the Website on these Terms and Conditions and authorises you to print, copy, reproduce, download and view the Content and User Content (as defined in item 8 below), subject to the Content and User Content being used:
(a) in the intended manner; and
(b) for your own personal non-commercial use.
6. You must not otherwise use, modify, reproduce, distribute or otherwise deal with the Content or User Content or sub-licence the Content or User Content without the prior written permission of Down Under.
7. You must not use any Content or User Content in a manner that would contravene the laws of any country in which the Content or User Content is published. This includes laws of defamation, obscenity and blasphemy and laws protecting rights of privacy and intellectual property.
User Content
8. If you provide any information or images (User Content) in connection with the Website, you grant Down Under a non-exclusive, royalty free, worldwide, perpetual licence to use, modify, reproduce, distribute or otherwise deal with User Content or sub-licence the User Content to others on a royalty-free basis in any manner that Down Under deems appropriate. You authorise Down Under to edit, augment, crop, alter or adapt the User Content in any manner that Down Under considers necessary.
9. You warrant that:
(a) the User Content belongs to you;
(b) any individuals appearing in the User Content have consented to you providing the User Content to Down Under; and
(c) the posting of the User Content on the Website will not infringe the intellectual property rights or privacy rights of any person.
10. You must ensure that the User Content does not contain any obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material. Down Under retains the absolute discretion to remove any User Content from the Website that Down Under considers to be inappropriate.
11. Once you have submitted User Content you cannot withdraw or retract the such content otherwise than in accordance with the directions that appear on the Website.
Privacy
12. If you submit User Content to the Website or register to receive information from Down Under, Down Under may collect personal information about you. Down Under will handle your personal information in accordance with Down Under’s privacy policy.
Links to other websites
13. Down Under may include hyperlinks on the Website to other websites not owned, operated or controlled by Down Under. Your use of any website linked to the Website is at your risk and Down Under is not responsible for any content contained on those websites or any loss suffered by you in relation to those websites.
Disclaimer and limitation of liability
14. While Down Under uses reasonable efforts to ensure the accuracy and correctness of the Website and the Contents (other than the User Content), Down Under makes no representation as to the accuracy, currency, suitability or completeness of any information or links on the Website.
15. Down Under does not review User Content prior to it being posted on the Website and makes no representation as to the accuracy, currency, suitability or completeness of the User Content. You must make your own inquiries and conduct your own searches in relation to any User Content including products advertised for sale on the Website. Down Under makes no representations and will not be liable in respect of any User Content including any product advertised for sale on the Website.
16. All Content, User Content and links are provided on an "as is" basis. You undertake the responsibility for assessing their accuracy and suitability and you acknowledge and agree that you rely on them entirely at your own risk. Down Under does not represent or warrant that the Website will be available on a timely basis. All Content, User Content and links are subject to change without notice.
17. To the fullest extent permitted by the applicable law, Down Under excludes all terms, conditions and representations, express or implied, in respect of the Website, Content, User Content and any linked website.
18. To the fullest extent permitted by the law Down Under excludes any liability for any losses, costs or damage incurred by you arising out of or related to your use of the Website, Content, User Content or any linked website including but not limited to the purchase of any product advertised on the Website.
19. In no event will Down Under (including its directors, employees, licensors, Content providers, affiliates and other representatives) be liable (to the maximum extent permitted by law) for any damages of any kind including lost profits or direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages based upon or arising out of your access, use or inability to use, or the performance of the Website or any linked website or the Content or User Content or any product advertised on the Website, howsoever caused, whether in contract, tort, statute or otherwise and irrespective of whether Down Under has been informed of the possibility of such damages.
20. Down Under does not warrant that the Website or any linked website will be free from viruses or defects.
Indemnity
21. You are liable for, and indemnify Down Under against, all losses, liabilities and costs (including legal costs on a full indemnity basis) incurred by Down Under arising directly or indirectly as a result of or in connection with your use of the Website or any breach of these Terms and Conditions.
General
22. Down Under reserves the right to, without notice and at its sole and absolute discretion, discontinue, suspend, cancel or terminate your access to or use of or its operation of the Website including any service offered by the Website.
23. If any provision of these Terms and Conditions is held to be unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of these Terms and Conditions will remain in full force and effect.
24. No failure to exercise, or any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
25. These Terms and Conditions will be interpreted, construed and governed by or in accordance with the law of the State of Western Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these Terms and Conditions.