Terms of Use
Please read these Terms of Use carefully before using this website.
This website, accessible at https://biggaragesubaru.com.au/, as well as any Facebook, Twitter and LinkedIn sites linked to this website (collectively “website”) are owned and operated by ADME Advertising Pty Ltd (ACN 613333592) (ADME) together with The Big Garage Subaru (Dealer) (together “we” or “us”). By using this website, or downloading materials from this website, you agree to the terms and conditions in this Terms of Use document.
General Information
Unless expressly agreed otherwise, the website is provided and may be used for information purposes by Australian residents only. The pricing, specifications, information, pictures, video, audio recordings, data, opinions, and other materials appearing on the website (Information) are of a general nature only and must not be construed as an offer to sell or advice as to the suitability our products or services for your needs. We accept no responsibility for the accuracy or completeness of the Information. The website has not been prepared with reference to your individual needs or personal circumstances.
Where we make third party material available or accessible through the website you acknowledge that we are a distributor and not a publisher of that content and that our editorial control is limited.
Restrictions on use of Website
As a condition of your use of our website or any web applications contained on this website, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with this Terms of Use document.
Specifically, you agree not to:
- Use any address harvesting software or automated scripting tool software, data mining, robots, screen scraping or similar data gathering and extraction tools on the website;
- Interfere (or attempt to interfere) with or disrupt (or attempt to disrupt) the website or the servers or networks that host the website or with any security-related or other features of the website;
- Link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
- in a way that suggests or implies that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- in a way which is unlawful, defamatory, discriminatory, threatening or malicious;
- Reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of Information on the website, including audio and video excerpts, except as permitted by statute or with our prior written consent;
- Use this website to defame, abuse, harass, stalk, threaten or otherwise offend others;
- Disseminate (by another website, email or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
- Engage in chain letters, unsolicited emailing or spamming via our tools;
- Impersonate any person or entity; or
- Interrupt or attempt to interrupt the operation of this website in any way.
You agree that if you breach any of the restrictions in these Terms of Use, we are likely to suffer significant damage as well as harm that cannot be adequately compensated by the payment of money such that we would be entitled to an urgent interlocutory injunction to prevent further harm as well as the payment of damages and declaratory and injunctive relief.
No Information from this website or any website owned, operated, licensed or controlled by us may be used, copied, sold, reproduced, transmitted, published, adapted, uploaded, posted, transmitted, modified or distributed in any way without the written permission of us. You may download material displayed on this website for your personal use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use Information on this website for public or commercial purposes without the written approval of us.
PRICING of products
All prices of vehicles on the Website are indicative and should be treated as an invitation to treat only. Pricing is the driveway price including on road costs such as registration and CTP insurance unless specified otherwise such as ECG (ex-government charges) or POA (price on application). There may be a delay in new pricing being uploaded to the Website. Always obtain confirmation on pricing from the Dealer. All prices are subject to change at the discretion the Dealer.
Limitation of Liability
GeneralNo part of these Terms of Use excludes, restricts or modifies any condition or warranty implied into these Terms of Use or any liability imposed on us by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)) if to do so would contravene such law or make any part of these Terms of Use void.
Exclusion and limitation
To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these Terms of Use. If any statute implies terms into these Terms of Use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of us for the breach of any such term will be limited to the minimum remedy.
Liability of us (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this website. In no circumstances will we, our subsidiaries, affiliates, or any party involved in creating, producing, or delivering this website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the Information and functions on this website or any linked website, even if we or our authorised representative has been expressly advised of the possibility of such damage. We exclude liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this website or any linked website, even if we or an authorised representative of us has been expressly advised of the possibility of such damage.
Indemnity
You agree to indemnify, defend and hold harmless us, our officers, employees and directors from any claim, loss, liability, demand or expenses (including legal costs on an indemnity basis) asserted by any third party due to or arising from or in connection with your use of the Information of the website, or your conduct on this website, or messages posted or transmitted by you on or through the website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Damage and viruses
We will not be liable for any damage to, or viruses that may infect, your computer equipment or other property because of access to, use of, or browsing this website or your downloading of any Information from this website.
Errors
We do not warrant that the functions contained in the website materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. We do not warrant the reliability of any advice, opinion, statement or other information displayed on this website. The information and descriptions contained on this website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to our products and services, but are provided solely for general informational purposes. We reserve the right, in our sole discretion, to correct any errors or omissions in any Information of the website. We do not warrant nor represent that your use of Information on this website will not infringe any rights of third parties not owned by or affiliated with us.
Third party websites
This website may be linked to other websites that are not maintained by us. We are not responsible for the content of those websites. If you use these websites, you will be directed to leave this website. If you do decide to visit any linked website, you do so at your own risk and understand that it is your responsibility to take all protective measures against viruses or other destructive elements. The inclusion of any link to such websites does not imply approval or endorsement by us of such websites or the content thereof. We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this website is linked.
Trademarks and Copyright
The trademark ‘ADME’ and all associated trademarks, trade names, logos, and icons are the legal property of ADME, unless otherwise noted. The trademarks of the Dealer and all associated trademarks, trade names, logos, and icons are the legal property of the Dealer, unless otherwise noted. Nothing contained on this website should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this website without the written permission of ADME or the Dealer or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, ADME or the Dealer. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by us in writing. Any unauthorised use of the images may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Privacy
We take your privacy seriously and are committed to ensuring that your privacy is maintained at all times.
To meet your expectations about privacy, we comply with the Australian Privacy Principles contained in the Privacy Act 1988 (‘Privacy Act’). A copy of the Australian Privacy Principles may be obtained from the website of the Office of the Federal Privacy Commissioner at https://www.oaic.gov.au/.
WHAT IS PERSONAL INFORMATION
Personal information is information about you, such as your name and address. Personal information may also include your purchases, financial information and preferences.
For each visitor to reach our website, we collect the following non-personally identifiable information, including browser type, version and language, operating system, pages viewed while browsing our website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you access our website.