(a) Intellectual property rights
No part of Holden's Websites may be reproduced without express written permission from Holden.© GM Holden Ltd 2002-2014. All rights reserved. Holden shall enforce its rights concerning its Websites in the event of any interference, infringement or contravention of Holden's rights, title or interests in any aspect of this Website. This Website is protected under the copyright laws of Australia and other countries. Unless otherwise specified, no person has permission to download, display, post, record, "mirror", duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this Website in any form, or any information found at this Website, 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. Holden and its parent General Motors Company have additional trade-marks and service marks, registered and unregistered, in other countries. Nothing on this Website shall be construed as conferring any license under any of Holden's or General Motors Company'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 prior written permission of the copyright owner of that material.
(c) Statutory rights
You may have rights under the Australian Consumer Law or similar legislation which cannot be excluded or limited by Holden. These conditions of use do not, and do not intend to, exclude or limit those statutory rights in any way.
(d) Limitation of liability
Subject to (c) above and to the extent permitted by law, Holden shall not be liable for any damages, harm, liability, loss, cost, expense, or injury suffered in any connection with this Website whatsoever, including as a result of using, accessing, copying, or downloading any part of this Website's content. Subject to (c) above, in no event shall Holden be liable for any direct, indirect, special, incidental, or consequential damage or for any loss of business, revenue, profits, use, data or other economic advantage, however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if Holden has been previously advised of the possibility of such damage. You agree to hold Holden absolutely harmless from, and you covenant not to take any action against Holden for, any claims based on using this Website.
(e) Terms and Conditions of Use
By using this site, you agree to be bound by these Terms and Conditions of Use in relation to your use or the performance of this Website, and the information, services and material contained in it or provided by it. If you do not accept these Terms and Conditions of Use, please exit this Website.
You may contact Holden at firstname.lastname@example.org or 1800 033 349 if you have any queries about these Terms and Conditions of Use or to provide us with any information or discuss any of the services we offer.
(a) You should read these Terms and Conditions of Use carefully.
(b) In these Terms and Conditions of Use:
(i) We", "Our" or "Us" means GM Holden Ltd ACN 006 893 232; and
(ii) "You" or "Your" means the person who accepts these Terms and Conditions of Use.
(c) Acceptance by You of these Terms and Conditions of Use binds You and all of Your employees, officers and agents to comply with these Terms and Conditions of Use.
2. Your privacy and security
We are committed to protecting your privacy. We will comply with our legal and contractual obligations to You with respect to preserving the confidentiality of information relating to Your use of this Website and, accordingly, will not release information relating to Your use of this Website to a third party without Your consent. By using this Website You agree that information collected relating to Your use of this Website including your email address may be used by Us to analyse use of the Website and to tailor marketing by Us, Our subsidiaries, Our associated companies and/or companies managed by Us of products and services to You. This site uses a security device known as a Secure Socket Layer (SSL). This conforms to international standards and ensures that information passed to and from our Website cannot be viewed in transit. We strongly recommend You use this feature. You can tell if You are using the SSL by the appearance of a small padlock in the bottom status bar or on Your browser. The address in Your browser should start with https:// and not the usual http://.
3. Your information
(a) All information provided by You in making use of this Website or any of the information, services or material provided by this Website must be accurate and complete. You must immediately update this information if it changes.
(b) If any of Your information is incomplete or inaccurate, We may deny You access to this Website.
(c) You must not disclose Your password to any third party or use Your password for any unauthorised purpose.
4. Binding terms and conditions
(a) The only terms which are binding upon Us are:
(i) those set out in these Terms and Conditions of Use; and
(ii) those which are imposed by law and which may not be lawfully excluded.
(b) We may vary these Terms and Conditions of Use at any time and without notice by posting the varied Terms and Conditions of Use on this Website. Your continued use of this Website 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.
5. Exclusions and limitations
(a) You may have rights under the Australian Consumer Law or similar legislation which cannot be excluded or limited by Us. These conditions of use, including this clause 5, do not, and do not intend to, exclude or limit those statutory rights in any way.
(b)All statutory or implied terms, conditions or warranties concerning the quality or condition of this Website or any information, service, material, advice or recommendation supplied by Us to You through this Website are excluded to the fullest extent permitted by law.
(c) If We breach any consumer guarantee, term, condition or warranty which is implied or imposed by law and which cannot lawfully be excluded, to the extent that We are entitled to do so, We limit Our liability is limited to, at Our election:
(i) the resupply of the relevant advice, service, recommendation or information; or
(ii) the payment to You of the cost of having the relevant advice, service, recommendation or information supplied again.
(d) Except to the extent that liability may not lawfully be excluded, We will not be under any liability to You ( or any of Your officers, agents or employees) for any direct or indirect loss or damage (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 this Website or Your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to You or Our negligence or Our breach of Our obligations under these Terms and Conditions of Use.
(e) The information contained in the Price Comparison Report is provided by Us in good faith, and We have taken all reasonable care in providing it. However, changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, We do not warrant the accuracy or currency of that information and any reliance by You upon that information is at Your sole risk.
6. Links to other sites
This Website may contain links to Websites maintained by other organisations. We have no affiliation with those Websites, do not endorse any material on those Websites and do 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.
We own copyright in the contents of this Website. You may access and display these pages on a computer or a monitor, and print out for Your personal or internal business use any page or part of any page of this Website. All other use, copying or reproduction (including reproduction on any other Website) of any part of this Website is prohibited.
We do not represent or warrant that this Website and any other information or material contained in, downloaded or accessible from this Website, 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.
This Website uses 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 this site.
10. 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.
The information contained in Holden's Websites is subject to change without notice, so please check back periodically. Holden's Websites are intended as general information only and is not complete or definitive. Holden is not liable and does not take any responsibility whatsoever for reliance on such information.
Holden's sites may contain links to other Websites maintained by other organisations. Holden is not responsible for the privacy practices or the content of such Websites.