You should read these Terms and Conditions of Use carefully.
In these Terms and Conditions of Use:
(i) “We”, “Our” or “Us” means GM Holden Ltd (ACN 006 893 232) trading as ACDelco (“ACDelco”)
(ii) “You” or “Your” means the person who accepts these Terms and Conditions of Use.
By accessing or otherwise using Our websites, You agree to be bound by these Terms and Conditions of Use and You acknowledge that ACDelco provides its websites to You subject to these Terms and Conditions of Use.
You may contact ACDelco at email@example.com or on 1800 223 352 if You have any queries about these Terms and Conditions of Use or to provide Us with any information or to discuss any of the services We offer.
2. Intellectual property rights
ACDelco owns copyright and other intellectual property rights in the content of its websites. Our websites are protected under the copyright laws of Australia and other countries.
You may access and display these pages on a computer or a monitor, and print out for Your own personal or internal business use any page or part of any page of ACDelco’s websites. However, no part of ACDelco’s websites may be reproduced without Our express written permission. ACDelco shall enforce its rights concerning its websites in the event of any interference, infringement or contravention of ACDelco’s rights, title or interests in any aspect of its website. Unless otherwise specified, no person has permission to download, display, post, record, “mirror”, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce, republish or otherwise use in a way which will infringe Our intellectual property rights any part or aspect of its websites in any form, or any information found at its websites, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.
The symbols ® and ™ designate Australian registered trade-marks and unregistered trade-marks respectively. ACDelco and its parent company, General Motors Company (“GMC”), have additional trade-marks and service marks, registered and unregistered, in other countries. Nothing on ACDelco’s websites shall be construed as conferring any license under any of ACDelco’s or GMC’s or any other person’s intellectual property rights, whether expressly, by interference, by implication, or otherwise. Materials may not be copied or re-broadcast or redistributed or disseminated in any way without the prior written permission of the copyright owner of that material.
ACDelco is entitled, in its sole discretion, to change, modify, amend, add or remove any part of these Terms and Conditions of Use and to change, modify, amend, add or delete any features of its websites at any time without notice.
Your continued use of ACDelco’s websites after the Terms and Conditions of Use have been varied, constitutes Your acknowledgment that You accept the changes to the Terms and Conditions of Use and that You agree to be bound by the varied Terms and Conditions of Use.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth) or similar applicable legislation which cannot be excluded or limited by ACDelco, ACDelco’s websites are provided without any representation, warranty or condition, express or implied. ACDelco’s websites are intended as general information only and are not complete or definitive. ACDelco does not provide any warranty as to the completeness or accuracy of the information on ACDelco’s websites. ACDelco is not liable and does not take any responsibility whatsoever for reliance on such information.
ACDelco’s websites may contain links to other websites maintained by other organisations. ACDelco has no affiliation with those websites, does not endorse any material on those websites, is not responsible for the privacy practices of those websites, and does not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites.
4. Limitation of liability
Except to the extent that liability may not lawfully be excluded, You agree that ACDelco shall not be liable to You (or any of Your officers, agents or employees) for any direct or indirect loss, damage, harm, liability, cost, expense or injury (including without limitation consequential loss or damage, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with Your use of ACDelco’s websites (including without limitation accessing, copying or downloading any part of ACDelco’s websites’ content), or Your use of or reliance on any of the information, services and/or materials contained in ACDelco’s websites or provided by ACDelco’s websites to You, or Our negligence or Our breach of Our obligations under these Terms and Conditions of Use.
You agree to indemnify, and You hold ACDelco absolutely harmless from, and You covenant not to take any action against ACDelco for, any claims associated with the use of ACDelco’s websites.
We do not represent or warrant that ACDelco’s websites and any other information or material contained in, downloaded or accessible from such websites, is free from computer viruses (including macro viruses) or any other defect or error which may affect Your software or systems. You should protect Your software and systems by installing and implementing Your own security checks and systems.
ACDelco’s websites use a feature of Your Internet browser called a “cookie” to manage security and store report parameter information. If Your browser does not support cookies, or You have disabled this functionality, You may be unable to use Our websites.
7. Governing Law
The law of Victoria governs these Terms and Conditions of Use, and You and We submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.