By using the Web Site www.dealersolutions.com.au, www.dealerlogic.com.au, www.usedcarnetwork.com.au, stockit.com.au and all related websites collectively the ("Web Site") and the services contained therein you the ("User") agree to be bound by these terms of service ("Terms of Service") without modification. These Terms of Service form an agreement between the User and Dealer Solutions Pty Ltd ("DNS").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE INFORMATION, PRODUCTS AND SERVICES CONTAINED IN THE WEB SITE AND DO NOT OTHERWISE ACCESS OR USE THE WEB SITE.
AGREEMENT BETWEEN THE USER AND Dealer Solutions PTY LTD
LIMITATION OF USE
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
DNS may include in the Web Site information regarding specific software programs, offers or promotions, which DNS is conducting. Any such software program, offer or promotion is subject to the specific terms, conditions and licence in connection with such a program, offer or promotion. DNS reserves the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to the terms, conditions and licence in connection with each individual software program, offer or promotion.
The Web Site is available worldwide to anyone with Internet access. The Web Site contains information, products and services, not all of which are available outside of Australia. Any reference to a product or service contained in the Web Site does not imply that such product or service is or will be available in your location. The entire content of the Web Site, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
The material on this web site is Copyright © 2002 Dealer Solutions Pty Ltd - All rights reserved. Except for the temporary copy held in the computer's cache and a single permanent copy for your reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, disassembled, transmitted in any form or by any means without the prior written consent of DNS.
Vehicle information displayed within the Web Site is provided by participating Australian Motor Dealerships. The information is displayed in good faith from sources DNS believe to be reliable however DNS makes no representations or warranties, under any circumstances, expressed or implied, as to the accuracy of this information. Furthermore, under no circumstances will Dealer Solutions Pty Ltd be liable for any claims of any nature caused by reliance on this information. It is the responsibility of the User to verify any information with the respective participating motor dealer and bear all risk for any inaccuracies.
The information and associated products and services contained in the Web Site may include inaccuracies or typographical errors. DNS may make improvements and or changes to the Web Site at any time. Any views expressed in the Web Site are not necessarily those of DNS except where specifically stated them to be the views of DNS. Dealer Solutions Pty Ltd or its employees and or suppliers make no representations about the suitability of the information and associated products and services contained in the Web Site for any purpose. In no event shall Dealer Solutions Pty Ltd or its employees and or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web Site or with the provision of service, information and associated products and services contained in the Web Site
To the fullest extent allowed by law, DNS excludes absolutely all warranties in respect of the Web Site and services contained therein except as expressly acknowledged or agreed in writing by DNS.
To the extent that the DNS is unable to exclude any warranties by law, liability for a breach of a condition or warranty implied into this agreement by law is limited to any one of the following, as determined by DNS in its sole discretion: (a) the exchange of the Product (b) the repair of the Product (c) the refund of the initial purchase cost of the Product (excluding licence, support & maintenance fees or any other ancillary fees and charges) DNS does not warrant that the functions or services contained in the Web Site will meet your requirements, no oral or written information or advice given by DNS or any of DNS's authorised representatives shall create a warranty or in any way increase the scope of this warranty. The entire risk as to the result and performance of the Web Site or products and services contained therein is assumed by the User. In no event, including without limitation, negligence, shall DNS or any of DNS's respective officers, employees, directors, agents, licensees, sublicensee or assigns be liable to the user for any damages, including lost profits, lost savings, incidental, special or consequential damages that result from the use or inability to use the software or related documentation or for any claim by any other party, even if such parties have been advised of the possibility of those damages. In no event shall DNS's total liability to you for all damages, loses, and causes of action (whether in contract, tort or otherwise) exceed the initial purchase cost of the product (excluding licence, support & maintenance fees or any other ancillary fees and charges)
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to DNS that you will not use this Web site for any purpose that is unlawful in Australia or abroad or prohibited by this agreement
LINKS TO THIRD PARTY SITES
Any links or references to Third Party Web Sites contained in this Web Site are for your convenience only. DNS is not responsible for the content of suitability of information provided by Third Party Web Sites. DNS do not endorse or recommend the products and or services promoted by Third Party Web Sites unless specifically stated by DNS.
DNS reserves the right to modify these terms from time to time and will provide the revised terms on this Web Site within a reasonable period.
This agreement is effective until terminated. This agreement terminates automatically without notice from DNS if the User fails to comply with any provision of this agreement. DNS may, at its sole and absolute discretion, terminate this agreement with the user at any time without prior notice. On termination the User must immediately cease to use the information, products and services contained in the web site and do not otherwise access or use the web site.
CONTROLLING LAWS AND SEVERABILITY
These Terms and Conditions shall be governed by the laws of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland. Exclusive venue for all litigation shall be in Brisbane, Queensland. If any provision of this agreement is void or unenforceable the provision shall be severed from this agreement to the extent it is void or unenforceable without affecting the validity or enforceability of the rest of the agreement.
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