Terms and Conditions
SUZUKI AUSTRALIA PTY LIMITED
ACN 001 828 164 ABN 57 001 828 164
You agree that use of the websites owned and operated by Suzuki Australia Pty Limited (ACN 001 828 164) (ABN 57 001 828 160) ("Suzuki Australia") under the domain names:
(the “Suzuki Websites”), shall be strictly in accordance with, and governed by, these legally binding terms and conditions in their unaltered form. If you do not accept these terms and conditions you must exit the Suzuki Websites immediately. Use of the Suzuki Websites, or access to any of the content on the Suzuki Websites constitutes your acceptance of these terms and conditions.
In addition to these terms and conditions for the Suzuki Websites, there may be from time to time, specific and additional terms and conditions that apply to certain sections/parts of the Suzuki Websites. Suzuki Australia recommends that you review these specific and additional provisions wherever they appear.
- The Suzuki Websites are owned and operated by Suzuki Australia .
- Suzuki Australia is the sole distributor of Suzuki motor vehicles in all States and Territories of Australia, except Queensland and Northern New South Wales (being areas north of the mouth of the Clarence River to Mungindi), where the distributor is Mayfairs W'Sale Pty Ltd (ABN 23 009 693 592) (T/AS Suzuki Auto Co).
- Suzuki Australia is the sole distributor of motor cycles in all States and Territories of Australia.
- Suzuki Australia makes no representations that the information and materials contained on the Suzuki Websites are appropriate for locations other than those areas in which it is the sole distributor, including but not limited to any competitions or promotions (whether chance and/or skill based) which are advertised or otherwise conducted via the Suzuki Website. In particular, Suzuki Australia makes no representations that the information and materials contained on the Suzuki Websites in respect to Suzuki motor vehicles, including specifications, pricing and other marketing information, are appropriate in Queensland and Northern New South Wales. Should you wish to obtain information on Suzuki motor vehicles in Queensland or Northern New South Wales, please contact Suzuki Auto Co (23 Chapman Place, Eagle Farm, QLD, 4009. Tel. (07) 3623 4900; Email: email@example.com.)
- Suzuki Australia makes no representations that the information and materials contained on the Suzuki Websites are appropriate for locations outside Australia, including but not limited to any competitions or promotions (whether chance and/or skill based) which are advertised or otherwise conducted via the Suzuki Websites. In addition, any information, imagery and other materials relating to products and services of Suzuki Australia applies only to Suzuki motor vehicles, motorcycles, services and related products supplied within Australia.
- Some services (including but not limited to Suzuki Customer Care), finance options and special/promotional offers, referred to on the Suzuki Websites may not be offered, or otherwise be available, in all areas of Australia and/or at all Suzuki dealers. The Suzuki Websites are intended to provide you with information, however you should consult your local Suzuki Australia dealer to confirm availability and details of the service or product, as the case may be.
- The Suzuki Websites are an on-line facility intended for Australian residents for the advertising, marketing and promotion of Suzuki passenger, special utility vehicles (SUV), commercial vehicles, Suzuki motorcycles, as well as Suzuki motor vehicle and motor cycle parts and accessories, related products and services provided by Suzuki Australia. The Suzuki Websites will also advertise Suzuki Australia sponsored events and Suzuki Australia competitions and promotions (as conducted from time to time).
- This Agreement may be revised by Suzuki Australia from time to time.
- You are not granted any rights in or to the Suzuki Websites other than the limited right to use the Suzuki Websites according to these terms and conditions, and any terms and conditions that Suzuki Australia may adopt from time to time.
Your use of the Suzuki Website
- You agree that you will use the Suzuki Websites in accordance with this Agreement and that you will not use the Suzuki Websites for any unlawful purpose.
- Any information, concepts or other materials submitted whilst visiting the Suzuki Websites will become the property of Suzuki Australia. Suzuki Australia obtains all rights and interests in and to that material and is entitled to use it for any purpose.
- In submitting the material, you warrant to Suzuki Australia that the material does not infringe the rights of any third party in that material.
- You agree that any information you make available on the Suzuki Websites is accurate and does not infringe the intellectual property rights of another, or is not in anyway unlawful. Suzuki Australia assumes no responsibility or liability which may arise from the posting or transmission of any unlawful information or material.
- You agree that unless otherwise indicated, all copyright in the information and materials contained in the Suzuki Websites (including but not limited to text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, are owned by Suzuki Australia, or otherwise reproduced by it with the permission from the relevant owner/licensee, as the case may be. The Suzuki Websites, or any portion of the Suzuki Websites, may not be reproduced (other than solely for personal non-commercial home use), or adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without the prior written consent of Suzuki Australia.
- While Suzuki Australia reserves the right to monitor transmissions to the Suzuki Websites, it is under no obligation to do so.
Limitation of Liability
Suzuki Australia will use its best endeavours to ensure that the information and materials contained on the Suzuki Websites are correct and up-to-date. However, to the maximum extent permitted by law, Suzuki Australia does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, or any other aspect of:
- any material and/or information on the Suzuki Websites, including but not limited to specifications, features, illustrations and prices; or
- the performance of the Suzuki Websites.
- In addition, unless otherwise specified, any and all advertised motor vehicle/ motorcycle prices represent the relevant recommended retail price, including GST, and will exclude dealer delivery, government statutory charges, and any optional extra's (unless otherwise indicated). Unless otherwise indicated, any other prices specified represent the recommended retail price including GST.
To the maximum extent permitted by law, Suzuki Australia shall not be liable for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
- the use or reliance on any information on the Suzuki Websites for business decisions or otherwise;
- accessing and using the Suzuki Websites and/or participating in any on-line activities contained therein; or
- any interruption, suspension or termination of the Suzuki Websites for whatever reason.
- The Suzuki Websites user hereby waives, releases, forgives, discharges and relinquishes any and all claims that he/she may have against Suzuki Australia, its related bodies corporate, directors, employees, agents and representatives, in connection with, or arising out of, or incidental to, the user's access to or use of the Suzuki Websites, including but not limited to downloading any materials therein.
- Suzuki Australia does not warrant that the Suzuki Websites, or the server on which the Suzuki Websites are hosted, are free of software viruses or defects. Accordingly, Suzuki Australia is not liable for any loss suffered as a result of any such viruses or defects.
- Suzuki Australia's exclusion of liability applies whether the claim is in contract, tort (including, without limitation, negligence) or equity and even if Suzuki Australia has been notified of the possibility of such loss or damage.
- You agree that Suzuki Australia's liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
- Suzuki Australia will use its best endeavours to ensure that the information and materials contained on the Suzuki Websites are correct and up-to-date. However, to the maximum extent permitted by law, Suzuki Australia does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, or any other aspect of:
Third party websites
- From time to time, the Suzuki Websites will contain links to other websites owned and operated by third parties who are not under the control of Suzuki Australia.
- Suzuki Australia does not approve, endorse or sponsor these linked sites unless specifically stated.
- Suzuki Australia is not responsible for the content of these linked websites and makes no representation as to the accuracy of any material on these websites.
- Suzuki Australia, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites, or reliance on the information contained on these third party websites.
- Suzuki Australia may amend, delete, add to, or otherwise revise any information or materials contained on the Suzuki Websites at any time without notice, including but not limited to information relating to motor vehicle model/s, motorcycles, specifications, recommended retail prices, optional accessories, standard features, parts, related services etc, as well as these Terms and Conditions. It is your responsibility to monitor any such changes.
- All changes are effective from the date they are posted on the Suzuki Websites and your continued use of any of the Suzuki Websites will constitute your acceptance of the variation of these Terms and Conditions.
- This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
- You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
Invalid or unenforceable provisions
If a provision of this Agreement is found by a court of law to be invalid or unenforceable:
- it is to be read down or severed to the extent of the invalidity or unenforceability; and
- that fact does not affect the validity or enforceability of the remaining provisions.
- If a provision of this Agreement is found by a court of law to be invalid or unenforceable: