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The Discount New Cars Website ("the Site") is part of the Carsales Network. The Site is owned and operated by Discount Vehicles Australia Pty Ltd ACN 088 330 152 in conjunction with its parent company carsales.com Ltd ACN 074 444 018 ("Discount New Cars").

Agreement
Your access to the Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers set out below and elsewhere in the Site ("the Terms"). By accessing the Site you are agreeing to the Terms, which includes the Terms and Conditions of Use for the Carsales Network. Discount New Cars reserves the right to change the Terms at any time.

Privacy Policy
Discount New Cars respects your privacy and understands the importance of protecting the personal information you may be requested to provide to Discount New Cars when you visit the Site.

The information you provide to Discount New Cars when accessing the Site and when completing the "Enquiry Form" section of the Site will be treated in accordance with our Privacy Policy.

The Site contains links to other websites. Discount New Cars is not responsible for the privacy practices or the content of such websites.

Discount New Cars reserves the right to perform statistical analysis of user activity and characteristics in order to measure interest in and use of the Site.

From time to time we may provide you with information about products, services, activities or other matters which appear in or form part of the site, we may also advertise from time to time to you via email, product or services from affiliated partners of the site, unless you tell us that you do not want to receive any advertising information in the future. This option will always be supplied in each e-marketing campaign so that it is your prerogative.

Discount New Cars reserves the right to change its privacy policy at any time. This policy is not intended to and does not create any contractual or other legal right or obligation in or on any party.

Supply
Discount New Cars makes no representation, claim or promise that any of the motor vehicles which appear in the Site:

  • are available for purchase at the time of your access to the Site; or
  • are available at a particular price.

Discount New Cars cannot and will not accept any responsibility whatsoever for any shortages in supply, lack of availability or lack of availability at a certain price of any motor vehicle which appears on the Site, and you agree that you will make no claim or demand of any nature whatsoever arising out of or related to the inability of any person associated with Discount New Cars (including any dealer participating in the provision of information to the Site) to supply or deliver any motor vehicle which appears on the Site, or delivery such motor vehicle at a specified price.

Discount New Cars is a new car buying service. All vehicles listed and displayed on this site are sold and delivered by authorised dealers of the manufacturer not Discount New Cars.



Intellectual Property
  • The Discount New Cars logo is a trade mark of Discount New Cars which cannot be used without Discount New Cars' prior written permission. No other trade mark which appears in the Site may be used without the prior written permission of the owner of that trade mark.
  • All information, text, image, graphics, software and advertisements contained in the Site (collectively, "material") are protected by international and Australian laws, and all rights therein are reserved. All material is provided for your information and assistance, and you are not permitted to download any material except when reasonably necessary to access the Site. Your access to the Site is subject to the following conditions:-
    • you may retrieve, review or download the material only for your personal information;
    • you may save a copy of or print material from the Site for your personal information but you may not charge any fee for any use of the material and all commercial exploitation of any material (including reproducing it other than as permitted by this condition) is expressly prohibited;
    • any copyright notice or trade mark appearing on any material must be included in any copy you make of any material;
    • you cannot modify any material without the express permission of Discount New Cars; and
    • you must not use the Site or any of the material for any unlawful purpose or any purpose not specifically authorised by the Terms or in a manner which violates the rights of any other person whatsoever.

Disclaimer
(a) Discount New Cars makes no representations about the content and suitability for any purpose of the information contained in the Site. It is provided "as is" without an express or implied warranty of any kind.
(b) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Discoutn New Cars are HEREBY EXCLUDED.
(c) To the full extent permitted by the law, Discount New Cars will only be liable to you:

  • i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Discount New Cars is limited, at Discount New Cars’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
  • ii. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Discount New Cars.

(d) Subject to subclause 6(c), and except to the extent that liability cannot be excluded, Discount New Cars, will not be liable to you for claims arising out of or in connection with your access and use of the carsales Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(e) To the full extent permitted by law, Discount New Cars will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(f) For the purposes of this section, the term Discount New Cars will mean carsales.com Ltd, Discount Vehicles Australia Pty Ltd, their officers, employees, contractors and agents, whether individually or collectively.
(g) These terms and conditions will survive the expiration or termination of this agreement.

Indemnity
Discount New Cars will not be responsible for any actions taken by you, including any actions based on the information contained on the Site. By accessing the Site you agree to indemnify and hold harmless Discount New Cars from and against all actions, proceedings, suits, claims and demands brought or made against Discount New Cars by any person arising from or as a consequence of such an action and from and against any damage, loss, cost or expense suffered or incurred by Discount New Cars as a direct or indirect consequence of that action. For the purposes of this section, the term Discount New Cars will mean carsales.com Ltd, Discount Vehicles Australia Pty Ltd, their officers, employees, contractors and agents, whether individually or collectively.

General

  • Governing Law
    This agreement between you and Discount New Cars is governed by and is to be construed in accordance with the laws of the State of Victoria, Australia.
  • Severance
    If any provision of this agreement is found to be void, unenforceable or illegal it is to be read down so as to be valid and enforceable, or if that cannot be done, the provision (or where possible the offending words) is to be severed from this agreement without affecting the validity, legality or enforceability of the remaining provisions of this Agreement which will continue in full force and effect.
  • Precendence
    If any clause of these Terms and Conditions conflict with the Terms and Conditions of Use for the Carsales Network, the terms of the Carsales Network will prevail, and any term in these Terms and Conditions will be read down to the extent necessary to give effect to the Terms and Conditions of Use for the Carsales Network.



Version 2 (November 2013)
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