| www.lunds4wd.com.au
TERMS & CONDITIONS OF USE
Your access to and use of the LUNDS web site and the various
services contained herein is subject to and conditional upon your
compliance with the terms and conditions noted below.
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.
1. DEFINITIONS
In these Term & Conditions:-
"Links" means the links of other Internet sites contained
on the Site.
"LUNDS" means LUNDS 4WD (ABN 94 687 049 078);
"Prices" means the prices quoted by LUNDS for all parts
and merchandise;
"Site" means this web site, namely www.lunds4wd.com.au
, and includes all the collective services provided by LUNDS therein.
2. COPYRIGHT
The Site contains material which is subject to copyright and other
intellectual property rights owned by LUNDS. 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.
3. LINKS
If you access a Link, published on the Site, you do so at your
own risk. Links are provided as a matter of convenience only,
and no warranty or guarantee as to the quality or accuracy of
the information contained on the Links is made, either expressly
or impliedly. In particular, no warranty or guarantee is made
that you will be able to display the Links pages on your computer.
The information contained in Links does not necessarily represent
the views or opinions of LUNDS, its associated companies nor its
employees. LUNDS presumes that information supplied by other parties
for publication or linked to by LUNDS is subject to copyright
and is the property of those relevant parties. All other trademarks,
service marks and registered trademarks displayed at the Site
are the property of their respective holders.
4. DISCLAIMER
You use the information provided on the Site at your own risk.
LUNDS has taken reasonable care in producing the information provided
on the Site. However, the information may contain inaccuracies
or typographical errors and LUNDS 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 LUNDS has no control over and accepts no responsibility whatsoever
for such materials. LUNDS may change, amend, or modify the information
or material contained in the Site at any time, without notice.
5. NO WARRANTIES
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 LUNDS,
neither LUNDS 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 LUNDS, 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 LUNDS and/or its affiliates.
Subject to any applicable provisions of any relevant laws which
cannot be modified or excluded, LUNDS 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 LUNDS 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 LUNDS, its affiliates or its contractors
or their respective employees shall create a warranty.
Neither LUNDS 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 LUNDS, 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 LUNDS in operating the Site , your sole remedy
is to discontinue using the Site.
6. SUPPLY OF INFORMATION TO LUNDS
You understand that if you wish to make purchases on the Site
on-line, LUNDS 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. LUNDS 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.
7. PRICING
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 LUNDS, or the supplier of any vehicle
concerned, or the supplier of the goods concerned, prior to orders
or purchases being made.
1. THIRD PARTY'S PRODUCTS
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 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
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 LUNDS 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 LUNDS or supplier concerned.
2. RESTRICTIONS
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.
3. MONITORING
LUNDS has no obligation to monitor the Site. Notwithstanding,
you agree that LUNDS 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.
LUNDS reserves the right to monitor any private electronic-mail
message and disclose any private electronic-mail message if required
by law. LUNDS 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.
4. TERMINATION
LUNDS may deny you access to all or part of the Site without notice
if you engage in any conduct or activities that LUNDS in its sole
discretion believes violates any of the terms and conditions in
these Terms and Conditions. If LUNDS 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, LUNDS 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.
5. INDEMNITY
You agree to defend, indemnify and hold LUNDS 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.
6. GENERAL PROVISIONS
- 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 LUNDS and the remainder of the provisions shall remain in
full force and effect.
- LUNDS' 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.
- LUNDS 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.
- These Terms and Conditions shall be governed by and construed
in accordance with the laws of Queensland, Australia, without
regard to its conflicts of law provisions. These Terms and Conditions
constitute the entire agreement between you and LUNDS with respect
to the Site
- The information set out in this Site is for information purposes
only and does not constitute an offer to buy or sell anything.
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