Premcar Pty Ltd ACN 075 575 530 (Premcar, us, we, our) owns and operates this website available at http://www.premcar.com/ (Website). By accessing and/or using this Website, you agree to the following terms, conditions and notices (Website Terms and Conditions). Your use of the Website will represent an agreement by you to be bound by these Website Terms and Conditions.
Website access
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Accuracy of information
Premcar will use reasonable efforts to ensure the content on the Website is correct and up-to-date, however, we do not guarantee it is error-free. Premcar reserves the right in its absolute discretion at any time and without notice to change or make correction to any of the content on the Website. We do not endorse or make any representation as to the accuracy, availability or completeness of any content made available on, or in connection with, the Website.
Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by Premcar. We have no control over the Linked Sites and do not accept responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and service contained within each such Linked Site.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Privacy Policy
We collect personal information about you in order to respond to your enquiries, provide you with our Services and for the purposes otherwise set out in our Privacy Policy available at premcar.au/privacy-policy, in accordance with the Privacy Act 1988 (Cth) and the Australian
Privacy Principles.
By using this Website and providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and warrant that all information provided by you is accurate.
Acceptable use
You must not misuse this Website or content on the Website. You will not:
• use the Website or content except in accordance with the Website Terms and Conditions;
use the Website or content for any purpose not permitted by relevant laws or regulations, including but not limited to committing or encouraging a criminal offence;
• copy, reproduce, distribute, publish or otherwise us the Website or content in any manner or for any purpose not expressly authorised by these Website Terms and Conditions;
• engage any person to replicate the functionality, features or content contained in the Website;
• reverse-engineer, decompile, translate or disassemble the Website or any content;
• bypass, or attempt to bypass, any security features of the Website;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the Services, corrupt data, or cause annoyance to other users;
• cause damage to or interfere with accessibility of the Website;
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
• engage in automated use of the Website, including systematic or automated data collection, access or usage;
• infringe upon the rights of any other person’s proprietary rights;
• assign, transfer, sell, lease or sub-licence the Website (or your access to it) to any third party;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”;
or
• do anything that may damage the reputation of Premcar
Breaching this provision may constitute a criminal offence. To the extent that your conduct is unlawful, Premcar will report any such conduct to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any content, or to your accessing or use of on any Linked Sites.
Intellectual Property Rights
In this clause, Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks and service marks (including goodwill in those trade marks and service marks), trade secrets, know-how, confidential information, domain names, patents, inventions, discoveries, goodwill and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
Unless otherwise indicated, we own or licence from third parties all rights, title and interest in Intellectual Property Rights in this Website and in all of the content (including all text, graphics, logos, audio and software) made available on this Website. You acknowledge that the Intellectual Property Rights in this Website and content remain the sole property of Premcar and its licensors. All unauthorised use of the Intellectual Property Rights in the Website and content is prohibited, and no implied licences or other rights are provided by us, except as expressly set out in these Website Terms and Conditions.
Premcar grants you the right to access and view the content on the Website for your own personal, non-commercial use. We reserve the right to revoke such right at any time without notice at our discretion. The Website, the content and any reproductions of the Website or content are the Intellectual Property Rights of Premcar or its licensors. You must not reproduce, modify, distribute, transmit, republish, display, post, perform adapt or change the Website or content for any purpose.
Disclaimer of liability
Subject to any non-excludable consumer guarantees and consumer protection provisions set out in the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth), and other similar consumer protection laws and regulation, the content displayed on this Website are provided without any guarantees, conditions or warranties as to their accuracy, completeness, reliability, accessibility or security.
To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any content posted on those websites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Premcar’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Premcar, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website and/or content or your breach of the Website Terms and Conditions.
Invalidity
If any part of the Website Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Website Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause or sub-clause or part of a clause or sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub-clause as is permitted by law.
How to contact us
If you have a query, concern or complaint about this Website or the content, please contact us at info@premcar.com. We operate a complaints handling procedure which we will use to try to resolve disputes when they arise.
Jurisdiction and governing law
Your use of the Website and these Website Terms and Condition are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Changes to these Website Terms and Conditions
Premcar reserves the right in its absolute discretion at any time and without notice to amend these Website Terms and Conditions and our Privacy Policy from time to time. Amendments will be effective immediately upon notification on this Website. You should review our Website Terms and Conditions and Privacy Policy regularly and immediately cease using our Website if you do not agree to any changes we may have made. Your continued use of the Website will represent an agreement by you to be bound by the Website Terms and Conditions and Privacy Policy as amended.
Last updated: 11 May 2023
