Disclaimer
WWW.THESCOUT.COM.AU - TERMS AND CONDITIONS OF USE
Acceptance of terms and conditions of use
1. Each and every time you access, view or use the website at www.thescout.com.au ("the website"), you agree to be bound by these terms and conditions of use. These terms and conditions may be amended from time to time without notice to you in which event you agree to be bound by those terms and conditions as amended and displayed on the website. Your continued access, viewing and use of the website confirms your acceptance of these terms and conditions. In the event that you object to or refuse to be bound by these terms and conditions you must leave the website immediately and discontinue your use.
2. In the event you use any advertising services or other supplementary services provided by the website, you agree that you will be bound by these terms and conditions in additional to any terms and conditions which may be imposed by virtue of the use of any advertising or other supplementary services provided by the website owners, operators, their agents, servants ("the website proprietors") or their associated parties.
Intellectual property
3. The website proprietors are the owners of trade marks used on the website including "The Scout", "The Scout On-Line", "www.thescout.com.au" and the TheScout (logo) featured on the website (collectively "the TheScout Trade Marks"). You agree that you will not use the TheScout Trade Marks without the website proprietors' written consent. In that event, you agree that such use will not give rise to any rights in relation to continued use of the TheScout Trade Marks and that you will cease such use immediately upon receipt of the website proprietors' written demand .
4. The content of the website is the subject of copyright and is the property of the website proprietors. You agree that you will not copy or otherwise reproduce whole or part of the website without the website proprietors' written consent.
5. You agree that you will not use any manual or automated process of any sort to query, copy or access the website in whole or part without the website proprietors' consent.
6. You may download or print information from the website for non-commercial purposes, which includes the purpose of identifying and purchasing motor vehicles advertised on the website. You agree that you will not modify or otherwise alter the information printed or downloaded from the website or represent that information to be your own.
7. All intellectual property existing in the website and its content is the property of the website proprietors and/or its advertisers. You do not obtain any interest in that intellectual property by use of the website, placing any advertising on the website or otherwise submitting information to the website. You agree that you will not do anything which interferes or otherwise infringes the website proprietors' intellectual property rights.
Framing and hyper-linking
8. You agree that you will not, without the website proprietors' written consent, include any hyperlink to the website which frames the website in a manner implying or otherwise suggesting any association between yourself and the website proprietors. You agree that in the event that the website proprietor provides you with a written demand to remove any hyperlink to the website that you will do so within 24 hours of receipt of the demand.
9. The website may contain hyperlinks or referrals to other websites (and non-internet locations) operated by third parties. These hyperlinks or referrals are provided for your assistance only and the website proprietors are not in control of these sources or otherwise responsible for their content. The inclusion of hyperlinks on the website or any referral does not imply or suggest any such an association, sponsorship or approval with the source linked or referred to.
Source of information
10. The website contains advertisements and information provided by advertisers. The website proprietors endeavour to ensure that the information presented is current and accurate but do not promise, warrant or guarantee that the information provided on the website and/or supplied by advertisers is accurate, true and/or correct. Purchasers and prospective purchasers should make their own independent inquiries of advertisers to verify any claims or representations made. The display of advertising on the website does not expressly or impliedly indicate any endorsement or recommendation by the website proprietors of that advertiser or the product advertised.
Disclaimer of liability
11. The information and services provided by the website are provided on an "as is" basis without any promise or warranty of any kind, including but not limited to all conditions of merchantability, implied warranties, conditions of fitness for purpose and any warranty as to title. In no circumstances are the website proprietors liable in any way for any damages (including direct and indirect) arising out of any use of the website or purchase of a product through the website. In particular, the website proprietors will not be responsible for any direct, indirect, incidental, special or consequential damage suffered as a result of use, viewing of the website, reliance on the content of the website, or purchase through or as a result of the website. Such damage includes but is not limited to damage to hardware and software, and loss or damage suffered as a result of a purchase of a motor vehicle or other item, through or by reference to the website.
12. The website contains advertisements for motor vehicles and possibly, other associated goods and services, placed by advertisers. The website proprietors make no guarantee of the present or continued availability of motor vehicles or other goods or services advertised on the website. Representations made regarding products and services of third parties, whether those representations are made through the website or otherwise, are not the responsibility of the website proprietors and are the responsibility of the relevant third party advertiser. You acknowledge that the website proprietors have no control over the suitability, quality, standard of items advertised on the website. Where the website includes a photograph or other information pertaining to an item offered for sale through the website then you acknowledge such a photograph or other information is illustrative only and should not be relied upon. You should independently verify all information, including price and model of any motor vehicle, listed in an advertisement on the website. The website proprietors will not be liable in any way for any advertiser's conduct nor for any loss you, or any other person suffers, in any manner in your dealings with advertisers on the website.
13. You acknowledge that the prices of motor vehicles on the website may not include other charges such as Goods and Services Tax (GST), government charges and statutory charges unless specifically stated. You warrant that you will make your own inquiries with the advertiser to determine all costs and any additional charges associated with a purchase and that you will not rely on the information provided on the website.
14. The motor vehicles advertised on the website may or may not be advertised by a licensed commercial motor vehicle dealer. The website proprietors do not warrant that any such business is so licensed and, where applicable, you should make your own inquiries. The website proprietors do not authorise or otherwise sponsor or endorse these businesses or any advertisers.
15. The website proprietors reserve the right to withdraw the services provided by the website at any time. They do not warrant that you will have secure, uninterrupted or continuous access to the website or its contents. The website proprietors will not be liable for any virus communicated via the website or any advertisers nor are the website proprietors liable for an interruption, delay, failure of communication or malfunction in the website. The website proprietors may at any time and without notice terminate, block or restrict your access to the website.
Unlawful use
16. You agree that you will not use the website for any purpose which is unlawful, either in contravention of these terms and conditions or in contravention with any applicable law or statute.
Promotion
17. You may not use the website or any of the material from the website (in whole or part) to maintain, promote, establish or operate any business or publication whatsoever unless you have received the website proprietors' written consent.
Provision of information
18. To the extent that the website asks or queries you for information, you agree that you will provide true and accurate information and that you will not provide incorrect, inaccurate or deceptive information.
Password Security
19. In the event that you register with the website, you are responsible for ensuring that your password remains confidential and secure. You are responsible for all actions conducted under your username and password whether or not those actions were conducted or authorised by you.
No joint venture
20. You agree that no partnership, joint venue, employment or agency arrangement exists between you and the website proprietors. Furthermore, you agree that no partnership, joint venture, employment or agency relationship exists between the website proprietors and any advertiser.
Indemnity
21. You agree to indemnify the website proprietors and hold them harmless from any claim or demand, including all legal fees incurred, that may be made by any party whosoever that arises out of or in connection with allegation that you have engaged in conduct which is a misuse of the website or otherwise breaches these terms and conditions.
Applicable law
22. You agree that all disputes arising out of use of the website or claims against the website proprietors in relation to the website shall be governed and construed in accordance with the laws applying in the State of Victoria in Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria and that you will not issue proceedings arising out of use of the website or for claims in relation to the website except through courts or tribunals located in Victoria.