Terms of use

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The Car Coach website (“The Car Coach”) (ABN 91 393 669 824) is subject to these terms, The Car Coach Privacy Statement, The Car Coach Copyright and Trade Mark Notice and any other terms contained on this web site (“Terms of Use”). The Car Coach is intended for residents of Australia only.

1. What you must do
If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using The Car Coach. If you are an employee of a company or other entity, you must be authorised to enter into these Terms of Use on behalf of your employer (the “Company”).
You acknowledge that The Car Coach acts as an advocate only, and does not accept responsibility for contracts for sale of new motor vehicles.

2. What you must not do
You must not

• make any fraudulent or spurious enquiries or requests.
• use another’s name or email without permission.
• tamper with, hinder the operation of or make      unauthorised modifications to The Car Coach or the Services.
• attempt any of the above acts or permit another person to do any of the above acts.

3. Third Parties
Many of the products and services offered for sale or advertised and much of the information provided on The Car Coach or the Services are the products, services and information of third parties. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via The Car Coach. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on The Car Coach or accessible through a hyperlink on The Car Coach. You acknowledge and consent to us receiving the fees.

4. Prices and products and services are subject to change
All prices displayed and products and services offered to be supplied on The Car Coach are subject to change without notice.

5. Security
The Car Coach does not guarantee:

• the security of the online Services or any systems (including the Internet and the Customer’s hardware and software)      used in accessing the Services, or any information passed through such systems; or,
• access to The Car Coach or any systems used in accessing The Car Coach Services will be continuous or virus or error      free.

6. Customer Communications
You acknowledge that where the Services requires The Car Coach to email you, the following will apply:

• (a) The Car Coach will address and send emails      to you to the email address provided by you; you are solely responsible      for ensuring that your contact details for the Services are current (including email address), your email service is operational and that you check your emails regularly;
• (b) you must notify The Car Coach of any changes to your Services details using the online method provided by The      Car Coach as soon as possible;
• (c) if The Car Coach sends an email to your current email address as listed in your Services contact details, you are      deemed to have received that email and The Car Coach is not obliged to take any further action to confirm that you have received, opened and/or read the email unless you promptly notify The Car Coach and demonstrate that the email was not delivered to your email address;
• (d) if The Car Coach receives an automated email non-delivery notification indicating you have not received the email that The Car Coach has sent you containing or regarding an order for a Service, The Car Coach will use reasonable endeavours to attempt to contact you using the other contact details that you submitted in your Services contact details, including non-electronic means, but does not      guarantee that The Car Coach will be able to contact you. For the avoidance of doubt, The Car Coach will not attempt to contact you via alternate means if The Car Coach receives an automated email non-delivery advice on a bill email notification sent by The Car Coach to you pursuant to section 9 below; and
• (e) The Car Coach may contact you via the contact number provided by you if your order is incomplete or needs      further explanation.

7. Indemnity
You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of The Car Coach or the Services by you or someone using your name.

8. Disclaimer and limitation of liability
To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of The Car Coach or the Services, any failure to provide The Car Coach or the Services, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via The Car Coach or the Services.
To the extent permitted by law, all warranties, conditions and representations about The Car Coach or the Services, the availability of The Car Coach or the Services for access and use, the products and services advertised, offered to be supplied or supplied via The Car Coach or the Services and the information provided on The Car Coach or the Services are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.
You acknowledge that you have not relied on any representation made by The Car Coach which has not been stated expressly in these Terms of Use. The Car Coach may change these Terms of Use and any other information relating to the Services, including prices, at any time and your subsequent use of our Services will be governed by the varied Terms of Use. Without limiting The Car Coach’s ability to give notice by any other means, the Customer will be deemed to have:

• received adequate notice of such changes where The Car Coach places a notice on The Car Coach website setting out such changes; and
• agreed to such changes the next time they use our Services after publication of the relevant notice on The Car Coach      website.

9. Use of your information and material 

When you send us any feedback, suggestions, ideas or other materials in relation to or via The Car Coach or the Services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

10. Goods and Service Tax
If GST is imposed on any supply made by us through The Car Coach or the Services, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

11. Mailing
The Car Coach may from time to time email you information relating to The Car Coach site, or any other sites we operate. When doing so, we provide a mechanism for you to permanently remove yourself from our mailing list.

12. General Matters
This agreement is governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.
If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of The Car Coach.

13. Mistakes
While all efforts are made to check pricing and other errors, inadvertent errors do occur from time to time and The Car Coach reserves the right to decline orders arising from such errors.