Website Terms and Conditions

Please read these terms and conditions carefully. By accessing this site, you agree to these terms and conditions. If you do not agree to the terms and conditions, do not access this site.

This website including all webpages located at the domain name dealersgroup.com.au ("Website") is the Website of Dealers' Group Pty Limited ABN 78 117 870 943 ("Dealers' Group").

Copyright and trade marks

Copyright © Dealers' Group 2006-2010. All rights reserved

Copyright in the Website, in the screens displaying the webpages, and their arrangement is owned by Dealers' Group. The information and material displayed on the Website is owned or licensed by Dealers' Group ("Material"). You may download a single copy of the Material and where necessary for reference purposes, keep a temporary copy in your computer's cache and make a single hard copy of the Material. You may make such other use of the Material as is otherwise expressly authorised on the Website or by law.

Trade marks used on the Website are owned or licensed by Dealers' Group. Nothing displayed on the Website grants any rights to use or distribute any names, logos or trade marks, without the express written agreement of Dealers' Group.

Use of information and materials

The information and Materials contained in this Website, and the terms, conditions, and descriptions that appear, are subject to change at any time. Changes to the terms and conditions will be posted at this page. Unauthorized use of the Website or misuse of any information posted on the Website is strictly prohibited.

You must be the same person as the person whose details are provided to set up an account. You must maintain the confidentiality of your password and account, and are responsible for all activities that occur with your account.

You must not upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable, as reasonably determined by Dealers' Group and must not upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or use the Website for any illegal, fraudulent or inappropriate purpose. You must not construct your own system to access the information on the Website.

Dealers' Group may at any time and for any reason, by notice to you sent by email, terminate any service offered through the Website (whether to you specifically or generally) or suspend or terminate your account. On termination, your account will be disabled, you will have no access to and no right to use any service, and you will not be granted access to your account, or any files, or other content contained in your account although residual copies of information may remain in our system.

Dealers' Group has no obligation to monitor and does not monitor any third party content. The views and opinions expressed in Materials are the views and opinions of the authors of the Materials, and do not necessarily represent the views or opinions of Dealers' Group.

This site may contain links to web sites controlled or offered by third parties. Dealers' Group disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this Website. By creating a link to a third party web site, Dealers' Group does not endorse or recommend any products or services offered or information contained at that web site, nor is Dealers' Group liable for any failure of products or services offered or advertised at those sites. Each third party may have a privacy policy different from that of Dealers' Group and the third party web site may provide less security than this Website.

Privacy

You agree to the terms of the Dealers' Group Privacy Policy as it may be updated from time to time. You also agree that Dealers' Group may monitor, edit or disclose your personal information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the Privacy Policy.

No warranty

The information and Materials contained in this Website, including text, graphics, links or other items are provided "as is" and "as available". Dealers' Group does not warrant the accuracy, adequacy or completeness of this information and Materials and to the extent permitted by law expressly disclaims liability for errors or omissions in this information and materials. Materials are provided for general information only and are not tailored to any particular fact situation or specific requirements, and must not be relied on as specific advice.

Except for warranties that cannot be excluded at law, no warranty of any kind, implied, express or statutory including but not limited to the warranties of non-infringement of third party rights, title and freedom from computer virus, is given in conjunction with the Website, information and Materials.

Limitation of liability

To the extent permitted by law, in no event will Dealers' Group be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website, Materials or any linked site or use or inability to use by any party, including its form, content and timeliness of delivery, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Dealers' Group, or its representatives, are advised of the possibility of such damages, losses or expenses.

The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Dealers' Group's liability (if any) arising from the breach of those conditions and warranties is limited, in Dealers' Group's sole discretion, to the supply of any services again or cost of re-supplying the services again.

Dispute resolution

Dealers' Group understands that disputes and misunderstandings can arise about these terms and conditions or our services. For this reason, Dealers' Group provides you with a facility for you to clearly record your complaint or dispute, and to seek speedy resolution. The complaints and dispute resolution procedures are set out here. We each agree to abide by, and comply with that Dispute Policy, as it exists as at the date of notification any dispute. The Dispute Policy is incorporated into these terms.

Each party must exhaust the process set out in that Dispute Policy before instituting any legal proceedings or making any complaint to any third party. A party must not oppose any application for a stay of any legal proceedings in respect of any dispute pending completion of the process set out in the Dispute Policy. However, nothing in the Dispute Policy prevents a party from instituting legal proceedings seeking urgent interim or interlocutory relief.

The existence of a dispute does not excuse the parties from performing their continuing obligations under these terms.

Availability

This Website is not intended for distribution to, or use by, any person in any jurisdiction or country where distribution or use is contrary to local law. Users who access the Website from outside Australia are responsible for ensuring compliance with all applicable laws.
Governing law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Federal Court of Australia.