Disclaimer
Conditions of Use
General
The Newcastle Mazda Website is a service provided by Newcastle Mazda for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Newcastle Mazda, and
c) providing information and commercial services to Business Partners.
By accessing or otherwise using the Newcastle Mazda Website you agree to be bound by these conditions of use and you acknowledge that Newcastle Mazda provides the Newcastle Mazda Website to you on these conditions of use. Newcastle Mazda is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Newcastle Mazda Website at any time without notice. Your continued use of the Newcastle Mazda Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Newcastle Mazda owns all intellectual property in the Newcastle Mazda Website, unless indicated otherwise. Subject to these conditions of use, Newcastle Mazda grants to you a non-exclusive and non transferable limited licence to do the following:
View and download information directly accessible through the Newcastle Mazda Website.
Use information directly accessible through the Newcastle Mazda Website.
You agree that, subject to your use of the Newcastle Mazda Website in accordance with the limited licence granted to you, you will not infringe Newcastle Mazda’s intellectual property in the Newcastle Mazda Website and will not modify, copy, republish, frame, distribute or communicate any part of the Newcastle Mazda Website or any information contained therein or otherwise use them in a way which will infringe Newcastle Mazda’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Newcastle Mazda Website is provided “as is” and without any warranty or condition, express or implied. Newcastle Mazda does not warrant that the information contained in or accessible through the Newcastle Mazda Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Newcastle Mazda guarantee continuous, uninterrupted or secure access to the Newcastle Mazda Website. You acknowledge that access and use of the Newcastle Mazda Website (including the software operating in connection with the Newcastle Mazda Website) may be interfered with by numerous factors outside of Newcastle Mazda’s control. Newcastle Mazda does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Newcastle Mazda Website. Subject to the provisions of the Trade Practices Act 1974, Newcastle Mazda makes no representations or warranties in respect of the information and materials available on the Newcastle Mazda Website or the means of accessing that information and material (including the software operating in connection with the Newcastle Mazda Website). Newcastle Mazda makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Newcastle Mazda which are or may become linked or framed to or from the Newcastle Mazda Website.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Newcastle Mazda Website, you agree that such Content will be available to Newcastle Mazda to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
infringes the intellectual or other proprietary interests of third parties; or
impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Newcastle Mazda considers to be inappropriate; or
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Newcastle Mazda Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Newcastle Mazda Website or otherwise breaches or encourages other users to breach these terms of use; or
violates any law, statute or regulation; or
forges information to disguise the origin of any Content; and
encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Newcastle Mazda a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Newcastle Mazda is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Newcastle Mazda Website, the use by Newcastle Mazda of information provided by you to Newcastle Mazda through the Newcastle Mazda Website or any such loss or damage which may arise should you be unable to access the Newcastle Mazda Website, for whatever reason and however arising, including negligence.
To the extent that Newcastle Mazda is able to limit the remedies available under these conditions of use, Newcastle Mazda expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Newcastle Mazda’s sole discretion):
Links
You must not establish links on any other website to the Newcastle Mazda Website or any other part or parts of the Newcastle Mazda Website without the prior written consent of Newcastle Mazda. If you would like us to link to your website, please contact to sign up to our Standard Linking Agreement.
Breach and termination
If you breach any provision of these terms of use Newcastle Mazda may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Newcastle Mazda Website. In any event, Newcastle Mazda may terminate these terms of use (and your right to use the Newcastle Mazda Website) at any time and for any reason without prior notice to you.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Newcastle Mazda by these terms of use.