Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability. nlc may change these Terms at any time.
Please check these terms at regular intervals for any changes - your continued use of the Site following any change to these Terms will be deemed acceptance of those changes.
Website Terms and Conditions of Use
nlc pty ltd (ABN 57 052 442 645) (nlc) maintains this website ("www.nlc.com.au" and other related websites) (Site) for your information and convenience.
The terms and conditions set out in this document (Terms) apply to all users of this Site. By using this Site, you accept and agree to these Terms.
1. Use of Website
1.1 The information on this Site and these Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you are residing outside Australia, then clause 11.2 will apply.
1.2 You are responsible for all of your activity in connection with accessing and using this Site. By using this Site, you are also agreeing to the nlc Privacy and Security Policy, as set out here http://www.nlc.com.au/nlc-privacy-policy.
1.3 You must not use this Site for any activities that breach any laws, infringe any party's rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including, racial vilification, obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.
1.4 You must not bypass any security mechanisms imposed by the Site.
1.5 By emailing materials to nlc, you grant nlc a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with those materials in any manner which nlc deems appropriate. In addition, you agree to waive all "moral rights" in those materials.
1.6 You must not collect email addresses listed on this Site for any purposes connected with the production of marketing or email databases.
2.1 Any information provided on the Site in respect of any goods or services (Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.
3.1 nlc does not warrant that access to this Site will be uninterrupted, or that the services offered on the Site will be error-free. Subject to clause 10, we reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.
3.2 nlc goes to reasonable lengths to ensure that the information on the site is complete and up to date, however nlc makes no representation as to the accuracy, currency or completeness of any information or services at the Site. Subject to clause 10 and to the extent permitted by law, all information and services are provided on an "as is" basis, and you are responsible for assessing their accuracy and you rely on them entirely at their own risk. Before relying on any information contained on the Site you should verify the accuracy of the information and its relevance to your particular circumstances. This may mean seeking independent advice.
3.3 All information on the Site is subject to change without notice. nlc does not warrant that this Site or any other websites referred to in the Site (External Sites) will be free from viruses or defects.
3.4 To the fullest extent permitted by the applicable law and subject to clause 10, nlc excludes all terms, conditions and representations, express or implied in relation to the use of the Site.
4.1 To the extent permitted by law, nlc excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to the use of the Site (including the inability to use the Site), whether or not nlc caused the negligence, and whether or not the possibility of loss was known to nlc.
4.2 Subject to clause 10 and any liability that cannot be excluded by law, nlc and its directors and employees are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any information on this Site, to any material on External Sites, or to access or use of the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
5. Security of User IDs
5.1 If use or access to any part of the Site thatis subject to a logon system (Restricted Site), you must keep safe and secure all identification information (including username and password) (ID) used to access the Restricted Site. You are entirely responsible for any access to the Restricted Site, and acknowledge that any access to or use of Restricted Site by means of an ID assigned to you or your users is deemed to be access or use by you (other than any unauthorised use by nlc's own staff).
5.2 You hereby indemnify nlc from and against any liability, damage or expense that nlc incurs or suffers as a result of any action, inaction or omission on your part, or from any use or misuse of the Restricted Site by using your ID, or the misuse of the Site by you.
6. Intellectual Property
6.1 Unless otherwise indicated, nlc owns or has licence to all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on the Site. nlc authorises you to reproduce and download the materials exclusively for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission from nlc.
6.2 All names, logos and trade marks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or todistribute any names, logos or trademarks, without the express written agreement of the relevant owners.
7. Links to External Sites
7.1 Where the Site contains any hyperlinks to any External Sites, nlc is not responsible for the accuracy, legality or decency of material or copyright compliance of any such External Sites. All hyperlinks are provided for convenience and information purposes only, and nlc does not approve, sponsor or endorse any of the External Sites.
8.1 These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
9.1 nlc reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through this Site as well this Site at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
10. Existing Contractual Arrangements Not Affected
10.1 This Site may provide services and information to you as a customer of nlc pursuant to existing and separate contractual arrangements between you and nlc (Existing Contracts). Nothing in these Terms affect the rights and obligations of you and nlc under the Existing Contracts.
However, nlc is not required to provide or maintain any service or information on the Site to the extent that nlc is not required to provide or maintain such services and information under the Existing Contracts.
11.1 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
11.2 The information on this Site and these Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
(1) if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
(2) if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site and you must direct all inquiries to the e-mail address "email@example.com". If you do rely on this Site, you agree to indemnify nlc for any loss, costs, liability or damage which nlc may incur as a result.
12. Third Party Software
12.1 The nlc Site may also include third party software integrated into the Site such as Red Book information and data as provided by Automotive Data Services Pty Ltd (Red Book).
12.2 Data and Valuation Disclaimer:Red Book has provided this data and valuations from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, neither nlc nor Red Book can guarantee or make any representations regarding the use of, or reliance, on it. Red Book and nlc are not responsible for all information provided to them and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Neither Red Book nor nlc are liable for any loss or damages (other than in respect of any liability which may not be lawfully excluded) relating to your use of or reliance on, this valuation and data.
12.3 Red Book Special Offers Disclaimer: Where a published price is indicated to be a “Special Offer”, the relevant vehicle is in a class of vehicles to which an offer by the manufacturer applies. The Special Offer is not being offered by or on behalf of Red Book or nlc. Both Red Book and nlc use their best endeavours to accurately display the terms of the Special Offers, however, to the full extent permitted by law, neither Red Book or nlc will be liable for any errors in the terms of a Special Offer or the applicability of a Special Offer to a particular vehicle. Redbook and nlc take no responsibility in relation to any Special Offer. You should confirm the terms of the Special Offer with the manufacturer or an authorised dealer and not rely on the terms of the offer set out in this website.
12.4 Personal and Non Commercial Use Only: Data and valuations on the website are provided for your personal and non-commercial use only. You must not without the written approval of nlc;
a) Modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any data and valuations from this website;
b) Use or attempt to use any data and valuations published on this website to create any web site or publication;
c) Mirror or frame any data and valuations published within this website;
d) Use any automated process of any sort to query, access or copy data and valuations on this web site or generate or compile any document or database based on the data and valuations published on this website;
e) Transfer or sell any data and valuations offered on this website;
The web site user acknowledges that it will use the information subject to the terms of the above disclaimer and notice.