Bayside Brothers Motors Website Terms of Use

1. Acceptance and modification of these Terms of Use

You may only access, browse and use our Website (including any desktop and mobile versions of it) if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use. We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use from time to time without notice. We will always upload the latest version of these Terms of Use to this webpage. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.

2. Availability of Website

We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.

3. Website usage restrictions

You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:

• copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
• do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
• use the Website in any way that infringes Our rights or the rights of any third party;
• use the Website to create any product or service that competes with the Website; or
• take any steps to circumvent any technological protection measure or security measures in the Website.

You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person. You must not use the Website or any part of the Website in breach of these Terms of Use.

4. Acceptable Use Policy

You agree that using the Website for any of the following is strictly prohibited by these Terms of Use:

• violating any legal rights of any person, company or other entity in any jurisdiction;
• crimes such as theft and fraud;
• breaching laws relating to copyright, trade secrets, patents or other intellectual property, spam or privacy, including distribution of pirated software;
• introducing malicious programs into Our network or servers (e.g. viruses, worms, Trojan horses, e-mail bombs);
• making fraudulent offers of goods or services;
• carrying out security breaches or disruptions of network communication, including network sniffing, ping floods, packet spoofing, denial of service, and forged routing information;
• executing any form of network monitoring that intercepts data not intended for You;
• circumventing user authentication or security of any of Our hosts, networks or accounts, or those of Our customers or suppliers;
• interfering with or denying service to anyone;
• sending unsolicited email messages in breach of the Spam Act 2003;
• harassment via email or any other messaging; and
• breach of any person's privacy, such as identity theft or phishing.

5. Intellectual Property Rights

You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You. As between You and Us, We own all Intellectual Property Rights in the Website. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use. Any Intellectual Property Rights in any comments or feature requests You provide to Us in connection with the Website become Our sole and exclusive property immediately upon submission, and You assign all such rights to Us accordingly, including an assignment of future copyright under section 197 of the Copyright Act 1968 (Cth). You irrevocably consent to Our infringement of any Moral Rights You may have in such suggestions. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.

6. Responsibility for other users

We do not accept responsibility for the conduct of any users of Our Website. If You believe that another user of Our Website has breached these Terms of Use please contact Us. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions, obtain all appropriate advice and take all appropriate precautions. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website, any sales and marketing practices of any users, and in respect of any content uploaded by or on behalf of any user into the Website.

7. Responsibility for third party claims

You agree and acknowledge that You are solely responsible for, and You indemnify Us in respect of, any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by Your use of the Website and/or Your goods and/or services and/or your advertising, sales or marketing practices.

8. Hyperlinks

We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

9. Liability

Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to [amount to be confirmed].

10. Termination

We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice. We may take down the Website or any part of it, or take it offline, at any time without notice where reasonably necessary to protect Our legitimate commercial interests. Termination of these Terms of Use and access to the Website does not affect any accrued rights of either party.

11. Notices

Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us. You may contact Us or send a notice to Us using Our contact details specified on Our website. A notice issued by hand is deemed delivered upon delivery. A notice issued by post is deemed delivered 3 Business Days after posting domestically, or 10 Business Days internationally. A notice issued via email is deemed delivered upon receipt of a read or delivery receipt, or confirmation from the recipient. We may send You email or other electronic messages concerning the Website from time to time.

12. General

12.1 Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

12.2 Amendment: These Terms of Use may be amended by Us at any time.

12.3 Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate Our rights or obligations at any time, subject to Our Privacy Policy.

12.4 Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder shall remain enforceable.

12.5 Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

12.6 Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and supersede all prior understandings, representations, arrangements and agreements regarding its subject matter.

12.7 Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in VIC. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in VIC.

Dictionary and Interpretation

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth). Business Day means Monday–Friday excluding public holidays in VIC. Business Hours means 9:00am–5:00pm on Business Days. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights. Moral Rights has the meaning given in the Copyright Act 1968 (Cth). Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law. Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time. We, Our and Us means Bayside Brothers Motors (ABN 27 548 739 846) of 1 Trade Place Vermont VIC 3133. Website means the Bayside Brothers Motors website, the homepage URL of which is BAYSIDEBROTHERSMOTORS.COM.AU, including any content, images, text and other information appearing on it, any source code and object code, and any desktop and mobile versions. You means you, the person who accesses the Website for any reason.

Headings are for convenience only. A provision will not be interpreted against a party because that party prepared it. Currency refers to Australian dollars unless specified otherwise. References to a statute include amendments to it. References to time are to time in VIC. A reference to a person includes an individual, partnership, company, joint venture, government body or department, and any other legal entity. Words like “includes” and “including” are not words of limitation.

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