TERMS & CONDITIONS OF USE OF WEB SITE
Your access to and use of the NAX (Australia) Pty Ltd web site and the various services contained therein is subject to and conditional upon your compliance with the terms and conditions noted below. All services provided by NAX (Australia) Pty Ltd via the Site are subject to its Standard Trading Conditions [provide link] and your ordering of services through the Site constitutes your acceptance of the Standard Trading Conditions.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
- DEFINITIONS
- COPYRIGHT
- DISCLAIMER
- NO WARRANTIES
- SUPPLY OF INFORMATION
- PRICING
- THIRD PARTY'S PRODUCTS
- RESTRICTIONS
- MONITORING
- PRIVACY POLICY
- SECURITY
- TERMINATION
- INDEMNITY
- GENERAL PROVISIONS
In these Term & Conditions:- "Links" means the links of other internet sites contained on the Site. "NAX (Australia) Pty Ltd" means NAX (Australia) Pty Ltd (ABN 14 088 411 787); "Site" means this web site, namely www.naxaustralia.com, and includes all the collective services provided by NAX (Australia) Pty Ltd therein.
The Site contains material which is subject to copyright and other intellectual property rights owned by NAX (Australia) Pty Ltd. We reserve all our rights. You agree to comply with all copyright laws if you use the Site, and you agree that you shall not copy these materials except for your own personal use.
You use the information provided on the Site at your own risk. NAX (Australia) Pty Ltd has taken reasonable care in producing the information provided on the Site. However, the information may contain inaccuracies or typographical errors and NAX (Australia) Pty Ltd does not warrant that the information is correct and/or accurate. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice, services and other information, as well as the quality and merchantability of all merchandise provided through the Site or the or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk and NAX (Australia) Pty Ltd has no control over and accepts no responsibility whatsoever for such materials. NAX (Australia) Pty Ltd may change, amend, or modify the information or material contained in the Site at any time, without notice.
You assume total responsibility and risk for your use of the Site and the internet in general. With the exception of information, products or services clearly identified as being supplied by NAX (Australia) Pty Ltd, neither NAX (Australia) Pty Ltd nor any of its affiliates operates or controls any information, products or services on the internet in any way. Similarly, with the exception of the information, products, services and material that are explicitly identified as being provided by NAX (Australia) Pty Ltd, all merchandise, information and services offered or made available or accessible through the Site or on the internet generally are offered or made available or accessible by third parties who are not associated with NAX (Australia) Pty Ltd and/or its affiliates. Subject to any applicable provisions of any relevant laws which cannot be modified or excluded, NAX (Australia) Pty Ltd and/or its affiliates do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) in relation to any merchandise, information or service provided through the Site and NAX (Australia) Pty Ltd and/or its affiliates will not be liable for any cost or damage arising either directly or indirectly from any incident which may arise. Services accessible through the Site are provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by NAX (Australia) Pty Ltd, its affiliates or its contractors or their respective employees shall create a warranty. Neither NAX (Australia) Pty Ltd nor its affiliates warrants that your use of the Site will be uninterrupted or error free or that any information, software or other material accessible on the Site is free of viruses, worms, trojan horses or other harmful components. Under no circumstances shall NAX (Australia) Pty Ltd, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Site or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. If you are dissatisfied with the Site, or with any terms, conditions, rules, policies, guidelines, or practices of NAX (Australia) Pty Ltd in operating the Site, your sole remedy is to discontinue using the Site.
NAX (Australia) Pty Ltd You understand that if you wish to make purchases on the Site on-line, NAX (Australia) Pty Ltd or the service provider or information provider of the merchant from whom you are making the purchase may ask you to supply certain information, including credit card or other payment mechanism information. You warrant that all information you provide for the purpose of making such purchases will be accurate, complete and current. NAX (Australia) Pty Ltd and third parties offering merchandise, information and services on the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, freight, or handling charges relating to purchases made on the Site.
Unless otherwise stated, Prices published on or referred to on the Site are quoted in Australian Dollars and include the Goods and Services Tax (GST) but exclude delivery fees as applicable to various classes and ranges of goods and any costs associated with the exportation of goods. Prices are correct as at the date of publication but are subject to change without notice. Prices should be confirmed with NAX (Australia) Pty Ltd, or the supplier of any vehicle concerned, or the supplier of the goods concerned, prior to orders or purchases being made.
Information published on the Site about products has been supplied by the manufacturer of those products, obtained from the manufacturer's brochures and advertising material or supplied or obtained from a third party. Neither NAX (Australia) Pty Ltd, the manufacturer or the third party will be liable for any losses or damage, either directly or indirectly incurred by the use of, or reliance upon the information provided therein or for any errors, omissions or inaccuracies in the information provided. All information referring to a third party's products should be specifically confirmed with NAX (Australia) Pty Ltd or the supplier concerned. Other information included about new motor vehicle models has been supplied by the manufacturer of those vehicles, obtained from the Manufacturer's brochures and advertising material or supplied or obtained from a third party. Neither LUNDS, the manufacturer or the third party will be liable for any losses or damage, either directly or indirectly incurred by the use of, or reliance upon the information provided herein or for any errors, omissions or inaccuracies in the information provided. All information should be specifically confirmed with NAX (Australia) Pty Ltd or supplier concerned.
While using the Site, you may not:
(a) restrict or inhibit any other user from using and enjoying the internet;
(b) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law;
(c) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
(d) post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
(e) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
(f) upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
NAX (Australia) Pty Ltd has no obligation to monitor the Site. Notwithstanding, you agree that NAX (Australia) Pty Ltd has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its subscribers. NAX (Australia) Pty Ltd reserves the right to monitor any private electronic-mail message and disclose any private electronic-mail message if required by law. NAX (Australia) Pty Ltd reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. You understand that merchants on the Site may have access to such information and may make it available to third parties in accordance with their normal practices unless you notify those merchants directly that you do not wish such information made available.
We understand that the privacy of your personal details, and the security of your transactions with us, is of paramount importance to you. NAX (Australia) Pty Ltd has therefore adopted data protection policies with respect to your privacy and security. NAX (Australia) Pty Ltd' Privacy Policy sets out the rules we will abide by when dealing with personal information we collect from individuals in the course of our business. NAX (Australia) Pty Ltd will not use your personal or credit card details for any other means other than the transaction you invoked. Non personally identifying information. (a) In addition to the information you specifically provide above, NAX (Australia) Pty Ltd operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular. (b) We also use 'cookies'. Cookies are pieces of information that a web site can transfer to an individual's computer in order to allow that web site to store information about user preferences. Cookies are used to collect session ID's. It is possible to adjust your internet browser to refuse cookies, but you may find that this reduces the functionality of this site.
(a) NAX (Australia) Pty Ltd has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
NAX (Australia) Pty Ltd may deny you access to all or part of the Site without notice if you engage in any conduct or activities that NAX (Australia) Pty Ltd in its sole discretion believes violates any of the terms and conditions in these Terms and Conditions. If NAX (Australia) Pty Ltd denies you access to the Site because of such a violation, you shall have no right to access any Links, or obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited. In the event that you are denied access to all or part of the Site, NAX (Australia) Pty Ltd shall have no responsibility to notify any third-party providers of services, merchandise or information of the access refusal and will not be responsible or liable for any consequences whatsoever resulting from such lack of notification.
You agree to defend, indemnify and hold NAX (Australia) Pty Ltd and its affiliates harmless from all and any liabilities as well as costs and expenses (including legal fees), related to any violation of these Terms and Conditions by you or authorised users of your account, or in connection with the use of the Site or the internet or the placement or transmission of any message, information, software or other materials on the internet by you or authorised users of your account.
In the event that any portion of these Terms and Conditions are held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intention of NAX (Australia) Pty Ltd and the remainder of the provisions shall remain in full force and effect. NAX (Australia) Pty Ltd's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions. NAX (Australia) Pty Ltd may modify these Terms and Conditions from time to time. Your continued use of the Site shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "Terms and Conditions" regularly to determine whether they have been modified. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using the Site.
