These Terms and Conditions of Use and the The New Car Factory Privacy Policy set forth the legally binding terms for your use of:

1. the thenewcarfactory.com.au website; and
2. any other features, content, software applications, plug-ins, blogs, media search engines, toolbars, games, components or downloadable code, and other viral online mediums such as peer-to-peer networks, file sharing, instant messaging and email, or applications offered from time to time by The New Car Factory in connection with the Website (the “The New Car Factory Technology”), (together and individually, the “Website”).

By visiting, accessing and using the Website, as a user, registered member or visitor (“Your Use”), you expressly agree to these Terms and Conditions of Use and the The New Car Factory Privacy Policy and agree to be bound by and to abide by these Terms and Conditions of Use, the The New Car Factory Privacy Policy and all applicable laws (together, the "Terms").

These Terms shall remain in full force and effect during Your Use. You should save and read the complete set of Terms carefully before Your Use.

You may not use the Website and may not accept the Terms if:

If you do not agree with any part of the Terms or are, legally, unable to accept these Terms, you should leave the Website and discontinue Your Use immediately.
You can accept these Terms by:

1. clicking to accept or agree to the Terms, where this option is available (in the user interface of the Website) to you by The New Car Factory; or
2. by actually using the Website, in which case you are taken to have expressly agreed to Your Use of the Website on the Terms.
   
   

You agree that Your Use of the Website should be and is taken to be an express affirmation, representation and warranty by you to The New Car Factory that you:

(a)    are of legal age to form a binding contract with The New Car Factory; and
(b)    are not a person barred from receiving the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Website.

To use the Website, you may be required to register online with The New Car Factory at the Website, and create a unique, password-protected account or a unique account and password may be automatically generated for you by The New Car Factory.
You are solely responsible for safeguarding your account number and password.
You also take full responsibility for any actions under your password and account, whether authorised by you or not.

The New Car Factory will not be liable for your losses caused by any unauthorised use of your account and you may be liable for losses to The New Car Factory and others due to unlawful, prohibited or unauthorised use of and access to your account.

You are responsible for keeping your account information current.

When creating your account, you must provide true, current, accurate and complete information and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.

You must notify The New Car Factory immediately of any breach of security or unauthorised use of your account.

You acknowledge and agree that The New Car Factory may preserve your information and may also disclose your information to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The New Car Factory have benefited from, been subject to or which are expressed to continue indefinitely, shall be unaffected by such cessation and all such rights, obligations and liabilities shall continue indefinitely.

You may terminate this Agreement at any time, for any reason, by following the instructions of the Website. Should no such instructions exist, cessation of Your Use shall signify such termination.

The New Car Factory may, at any time and from time to time, modify these Terms and such modification shall be effective upon posting by The New Car Factory on the Website. You agree to be bound to any changes to the Terms immediately upon Your Use of the Website after any such modifications are posted. Please review the Terms regularly to ensure you are updated as to any changes.

You agree that The New Car Factory shall not be liable to you or to any third party for any modification of the Terms.

The Website may contain links to third party websites that are not owned or controlled by The New Car Factory. You acknowledge and agree that The New Car Factory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

In addition, you acknowledge and agree that The New Car Factory will not and cannot censor or edit the content of any third-party site.

The New Car Factory is not responsible for the content, accuracy or opinions expressed on third party websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The New Car Factory. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by The New Car Factory.

When you access these third-party sites, you do so at your own risk.

By using the Website, you expressly relieve and hold harmless The New Car Factory from any and all liability whether arising directly or indirectly from your use of any third-party website.

The Website may include advertisements and/or communications from The New Car Factory and its affiliated advertisers. The New Car Factory will use its best endeavours not to place advertisements and communications that may be deemed generally offensive or inappropriate on the Website. However, you acknowledge and agree that the placement and timing of any advertisements and communications on the Website shall be determined by The New Car Factory in its sole discretion. You agree that you shall not alter or remove any such advertisements or communications. If you find a particular advertisement or communication offensive, you may contact The New Car Factory and provide your comments or ask to have the advertisement or communication removed.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant advertiser.

The New Car Factory takes no responsibility for third party advertisements authorised by it and which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

The New Car Factory is not responsible for the content, accuracy or opinions expressed in any advertisements and communications from third-party advertisers, and such advertisements and communications are in no way investigated, monitored or checked for accuracy or completeness by The New Car Factory. Inclusion of any advertisements or communications on the Website does not imply approval or endorsement of the advertisements and communications by The New Car Factory.

When you consider the third party advertisements, you do so at your own risk.
Accordingly, The New Car Factory encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

You agree that The New Car Factory shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.

The New Car Factory reserves the right to refuse participation to any user, whether registered or otherwise, at any time in its sole discretion.

You agree to use the Website only for purposes permitted by:

1. the Terms; and
2. any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdiction.
   
   

The New Car Factory is not responsible for the conduct, whether online or offline, of any user of the Website.

The New Car Factory assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication. The New Car Factory is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or the Website or a combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

Under no circumstances shall The New Car Factory be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, attendance at a The New Car Factory event, from any content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.

The Website is provided "AS-IS" and as available and The New Car Factory expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The New Car Factory cannot guarantee and does not promise any specific results from use of the Website.

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to The New Car Factory, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

Content on the Website is provided to you “AS-IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

You should be aware that Website Content presented to you as part of the Website, including but not limited to advertisements in the Website and sponsored Website Content within the Website may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Website Content to The New Car Factory (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Website Content (either in whole or in part) unless you have been specifically told that you may do so by The New Car Factory or by the owners of that Website Content, in a separate agreement.

The New Car Factory reserves all rights not expressly granted in and to the Website and the Website content. You agree to not engage in the use, copying, or distribution of any of the Website content other than expressly permitted herein, including any use, copying, or distribution of Website content of third parties obtained through the Website for any commercial purposes.

If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website content or enforce limitations on use of the Website or the Website content therein.

You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the The New Car Factory Technology without the prior written consent of The New Car Factory.

You may not assign, rent, lease, or lend the The New Car Factory Technology to any person or entity.

Any attempt by you to sublicense, transfer, or assign the The New Car Factory Technology will be void.

You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the The New Car Factory Technology by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

You have no ownership rights in the The New Car Factory Technology or any related documentation. The New Car Factory retains all right, title, and interest in and to the The New Car Factory Technology (including any changes, modifications, or corrections thereto) and any related documentation.

You understand and agree that you will gain no right, title, or interest in or to the The New Car Factory Technology by virtue of Your Use and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the The New Car Factory Technology (or any changes, modifications, or corrections thereto).

If you are ever held or deemed to hold any right in or to the The New Car Factory Technology (or any changes, modifications, or corrections thereto) by virtue of Your Use, then you hereby irrevocably assign to The New Car Factory all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against The New Car Factory and hereby grant to The New Car Factory an exclusive license, with right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights.

The New Car Factory makes no representation, claim or promise that any of the motor vehicles which appear in the Site are available for purchase at the time of your access to the Site. The New Car Factory cannot and will not accept any responsibility whatsoever for any shortages in supply or lack of availability of any motor vehicle which appears in the Site, and you agree that you will make no claim or demand of any nature whatsoever arising out of or related to the inability of any person associated with The New Car Factory (including any dealer participating in the provision of information to the Site) to supply or deliver any motor vehicle which appears in the Site.
You acknowledge that The New Car Factory is a new car buying service. All vehicles listed and displayed on this site are sold and delivered by authorised dealers of the manufacturer not The New Car Factory.

YOU AGREE TO INDEMNIFY AND HOLD THE NEW CAR FACTORY, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE IN VIOLATION OF THE TERMS AND/OR ARISING FROM A BREACH OF THE TERMS AND/OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE AND/OR IF ANY OF YOUR INFORMATION  CAUSES THE NEW CAR FACTORY TO BE LIABLE TO ANOTHER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NEW CAR FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) THE NEW CAR FACTORY WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE WEBSITE, HOWEVER, THE NEW CAR FACTORY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORISED USE, OR OTHER INTERACTION WITH THE WEBSITE. THE NEW CAR FACTORY DOES NOT WARRANT THAT (i) THE WEBSITESERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NEW CAR FACTORY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NEW CAR FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

For information about The New Car Factory’s data protection practices, please read The New Car Factory’s Privacy Policy below. This policy explains how The New Car Factory treats your personal information, and protects your privacy, during Your Use.
You agree to the use of your data in accordance with The New Car Factory’s privacy policies.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The New Car Factory without restriction.

Sometimes when you use the Website, you may (as a result of, or through your use of the Website) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of such other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms govern your use of the Website (but excluding any services which The New Car Factory may provide to you under a separate written agreement), and completely replace any prior agreements between you and The New Car Factory in relation to the Website.
You agree that The New Car Factory may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
You agree that if The New Car Factory does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The New Car Factory has the benefit of under any applicable law), this will not be taken to be a formal waiver of The New Car Factory’s rights and that those rights or remedies will still be available to The New Car Factory.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

You acknowledge and agree that each member of the group of companies of which The New Car Factory is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

The Terms, and your relationship with The New Car Factory under the Terms, shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of laws provisions. You and The New Car Factory agree to submit to the exclusive jurisdiction of the courts located within the state of New South Wales, Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The New Car Factory shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Please contact us at: terms@thenewcarfactory.com.au with any questions regarding this Agreement.