Terms & Conditions

Introduction

(a) This Website is operated by Prestige Connect Pty Ltd (Prestige Connect).

(b) In these terms and conditions:

(i) a reference to “we”, “us” and “our” is a reference to Prestige Connect; and

(ii) a reference to “you” or “your” is a reference to you, and anyone acting on your behalf or with your implied authority.

(c) A reference to Website is a reference to the Website accessible at prestigeconnect.com (Website) and all pages owned and / or operated by us.

(d) By using this Website, you are agreeing to be bound these Terms and Conditions, our Privacy Policy accessible at prestigeconnect.com/privacy, and any other laws or regulations which apply to this Website or your use of it.

(e) If you do not agree to these Terms or Conditions, then you must refrain from using this Website.

Definition and Interpretation

Associates
related bodies corporate (as defined in the Corporations Act 2001 (Cth)), associates (as defined in the Corporations Act 2001 (Cth)), directors, officers, employees, agents and contractor.

Intellectual Property Rights
means all intellectual or industrial property rights throughout the world (whether registered or not) including all business names, copyrights, patents, trademarks, service marks, trade names, designed, confidential information, trade secrets and know how.

Terms and Conditions
means these terms and conditions.

General obligations

By using this Website, you agree that:

(a) your access and use of this Website is not illegal or prohibited by any laws which apply to you;

(b) you will not submit any false or misleading information or any information that is unlawful, defamatory, indecent, offensive or otherwise inappropriate in our reasonable opinion;

(d) you will not use this Website in a fraudulent manner, or in a manner which impersonates another party;

(e) you will not attempt to gain any unauthorised access to this Website or use the Website in any way not authorised by these Terms and Conditions;

(f) you will not use this Website in any way that harasses or intimidates any person;

(g) we may use any images uploaded to this Website for marketing, promotion, advertising and similar activities at any time in the future. You grant us an irrevocable licence to use such images in the above manner, royalty-free.

(h) you may be assigned an account login (including a username and password) in respect of your use the Website. It is your responsibility to ensure that the details provided to us are accurate and up to date. You must at all times keep your username and password secure and confidential and not disclose them to any third party. You are solely responsible for any use of the website by any person using your username and password. You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorized use of your username or password. You must notify us immediately if you become aware of any unauthorized use of your account.

Suspension of Termination

(a) We may in our sole discretion suspend, terminate, or modify your use of the website on 30 days’ notice.

(b) In the event that you fail to comply with these Terms and Conditions, we may immediately and without notice suspend, terminate, or modify your use of the Website.

(c) In the event that your access to Website is suspended, terminated, or modified, these Terms and Conditions will survive and will continue to operate to the extent permitted at law.

Intellectual Property

(a) All Intellectual Property Rights in this Website belong to or are licensed by us. This includes any design, text, graphics, video, logos, icons, sound recordings, algorithms and software relating to this Website.

(b) These Intellectual Property Rights are protected by Australian and international law and must only be used in accordance with such laws.

(c) You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish post frame within any Website or application, or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without our prior written consent or in the case of any third party material, from the owner of the intellectual property rights in that material.

Linked Websites and applications

(a) This Website may from time to time include advertisements, product and service offers, vehicle data, valuations, or links to third party Websites or applications (Third Party Information).

(b) The inclusion of any Third Party Information must not be taken as us endorsing such Third Party Information. This will still be the case despite the fact that we may receive a commission, fee, or some other kind of consideration for allowing a link to appear on our Website.

(c) For the avoidance of doubt, we are not providing any warranty in relation to any Third Party Information, including any warranties that may be implied at law.

Disclaimer

(a) Although we take all reasonable care to ensure that the content on our Website is complete and up to date, we do not warrant the accuracy, adequacy or completeness of the information, nor do we guarantee that this Website will be updated.

(b) The information on this Website is general information only. and you should not act or refrain to act on the basis of any of the material on this Website without first satisfying yourself as to the truth or accuracy of all information given. This includes, without limitation, undertaking any relevant searches, enquiries and investigations into any vehicle advertise or requested through this Website.

(c) You should take your own precautions to ensure that the process that you employ for accessing this Website, and your use of the Website, do not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system or device.

(d) We do not accept responsibility for any loss or damage (including special or consequential damage) suffered as a result of, arising out of, or in any way connected with your reliance on the accuracy or currency of the information contained on this Website, or your use of this Website. For the avoidance of doubt, we do not accept any liability for any interference or damage to your computer system or device which arises out of or in connection with your use of this Website or any linked Website or application.

(e) We do not accept responsibility for any loss or damage (including special or consequential damage) suffered as a result of, arising out of, or in any way connected with any transaction that you may enter into relating to a vehicle advertised or requested through this Website, or with any dealings that you may have with a party you are connected with through your use of this Website.

(f) All of our (including any Associate) liability to you is hereby excluded to the maximum extent permitted by law.

(g) To the extent that any rights cannot be excluded (for example under schedule 2 of the Competition and Consumer Act 2010 (Cth)), then our liability will be limited to, at our election, to the re-supply of the services or the payment of the cost of having the services supplied again.

Cookies

(a) The Website uses cookies stored on user’s computers to identify the user and provide them with access to their personal account. Cookies also allow us to track the manner in which users utilise the Website and aggregate this usage data for the purposes of improving the Website and any advertising associated with the Website.

(b) If you do not want your information collected or usage patterns tracked through cookies, you should be able to disable them within your internet browser. However, if you disable cookies within our Website, you may find yourself unable to utilise some or all of its functionality.

Indemnity

(a) You agree to indemnify and hold us (and any of our Associates) harmless from and against all claims, action, damages, losses, penalties, fines, expenses and costs (including legal costs on an indemnity basis) which arise out of or relate to:

(i) your use of this Website;

(ii) any information that you provide to us via this Website; or

(iii) any damage that you may cause this Website.

(b) This indemnity includes, without limitation, any liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and contraventions of the Competition and Consumer Act 2010 (Cth).

Amendments

(a) We reserve the right to amend these Terms and Conditions from time to time, and such amendments will be effective immediately upon being uploaded to our Website.

(b) Your continued use of this Website will represent an agreement by you to be bound by the amended Terms and Conditions.

Governing law and jurisdiction

(a) If a dispute arises regarding these terms and conditions, the laws of New South Wales will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

(b) If you access this Website in a jurisdiction other than New South Wales, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Severability

A clause or part of a clause of these terms and conditions that is illegal or unenforceable may be severed from these terms and conditions and the remaining clauses or parts of the clause of these terms and conditions continue in force.