1. Introduction

• A. Australian Car Subscriptions is an online subscription service for new cars.
• B. Please read these Terms and Conditions carefully before you proceed with a car subscription.
• C. These Terms and Conditions cover Users of the Australian Car Subscriptions website. A User may be a subscriber of a Vehicle, but may not.

2. Warranties

A. You acknowledge and agree that, to the extent permitted by law, Australian Car Subscriptions makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Australian Car Subscriptions website (or any goods or services provided in connection with the Australian Car Subscriptions website). Australian Car Subscriptions will not be liable if the Australian Car Subscriptions website (or any Services provided in connection with the Australian Car Subscriptions) are unavailable for any reason, including directly or indirectly as a result of:

• i. telecommunications unavailability, interruption, delay, bottleneck, failure or fault.
• ii. negligent, malicious or wilful acts or omissions of third parties (including Australian Car Subscriptions third party service providers).
• iii. maintenance carried out by Australian Car Subscriptions or any third party service provider in respect of any of the systems used in connection with the provision of the Australian Car Subscriptions website.
• iv. services provided by third parties (including internet service providers) ceasing or becoming unavailable.
• v. Force Majeure Event.

B. Australian Car Subscriptions does not warrant or guarantee:

• i. the suitability of the Australian Car Subscriptions website or any Services for any particular purpose or use under specific conditions.

C. The Pre-Subscription Inspection Services are supplied by Australian Car Subscriptions and Australian Car Subscriptions:

• i. endorses that the Vehicle is roadworthy, safe, in good working order, condition or repair, of merchantable quality, or fit for the purposes intended.

D. Warranty is included as part of a subscription to a vehicle, however Australian Car Subscriptions will not be liable for:

• i. any act of omission of a third party, including any failure of a buyer to purchase the vehicle.
• ii. any loss, damage, cost, expense, personal injury or death to you or any third party arising out of the transaction relating to the Vehicle, use or the test drive of the Vehicle by a subscriber or anyone else.
• iii. the security of the Vehicle or any damage to the Vehicle prior to or after delivery on the scheduled collection date.
• iv. the suitability or use of any Third Party Providers or Third Party Products, third party materials or information, goods or services, which may be purchased, advertised or obtained in connection with the Australian Car Subscriptions website.
• v. any loss, damage or injury arising of out any conduct, statement, representation, act or omission made by a subscriber regarding the Australian Car Subscriptions website, the Services, or your Vehicle.
• vi. any loss or damage caused by Force Majeure Event.

3. Terms & Conditions

• A. You acknowledge that Australian Car Subscriptions may use Third Party Products and Third Party Providers to enable us to provide you with the Australian Car Subscriptions website and that your use of and reliance on it is solely at your own risk.
• B. Australian Car Subscriptions makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content displayed on the Australian Car Subscriptions website by a Third Party Provider or the use of any such Third Party Products, or any transactions completed, and any contract entered into by you, with a buyer, seller or Third Party Provider.
• C. Australian Car Subscriptions recommends that you refer to the Third Party Provider’s terms and conditions prior to using the relevant Third Party Products or the Australian Car Subscriptions website.
• D. Australian Car Subscriptions does not endorse, sponsor or approve any Third Party Products or Third Party Providers made available via the Australian Car Subscriptions website. It is your sole responsibility to determine that specific products or services used by you, meet your individual needs and/or are suitable for the purposes for which they are used.
• E. Any rights you may have to access Third Party Products or Third Party Provider’s shall be limited to:
• i. the extent of Australian Car Subscriptions’ ability to pass on such rights to you; or
• ii. the relevant Third Party Provider’s licensor terms.

4. Confidential information

A. Save as required by law, all information supplied by us in relation to Australian Car Subscriptions, the Australian Car Subscriptions website, the services or any terms of this Agreement is confidential and must not be disclosed by you to a third party (except your professional advisors) without our written consent. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including during any conversations with you).

5. Intellectual property

• A. Using the Australian Car Subscriptions website or Services does not give you ownership of, or any right, title or interest in, the Australian Car Subscriptions website (or any Intellectual Property Rights contained therein) or any information, content or technology that may be provided to, or accessed by, you in connection with your use of the Australian Car Subscriptions website or Services, all of which is owned by Australian Car Subscriptions or our licensors.
• B. Unless otherwise agreed to in writing by the parties, all Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with the Australian Car Subscriptions website or the performance of the services will vest in, and are assigned to, Australian Car Subscriptions.
• C. You will remain the owner of your Content, subject to a royalty-free, transferable, worldwide and perpetual licence for Australian Car Subscriptions to use and sub-license any Content you make available to us (and all Intellectual Property Rights contained therein) to perform the Services or any ancillary services, including, without limitation, for marketing purposes.
• D. You agree not to submit Content or any information through the Australian Car Subscriptions website unless you have the rights to do so and we do not undertake any pre-screening of such Content.

6. Limitation of liability and indemnities

• A. To the maximum extent permitted by law, Australian Car Subscriptions excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the Services or the Australian Car Subscriptions website.
• B. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Consumer and Competition Act 2010 or any other national, State or Territory legislation (the Acts) where to do so is unlawful.
• C. To the fullest extent permitted by law, Australian Car Subscriptions will not be liable to you or any third party for:
• i. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
• ii. loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or
• iii. loss of or damage to any property or Vehicle advertised, displayed for subscription bought by you on the Australian Car Subscriptions website or any personal injury or death to you or any third person, arising out of, relating to or connected to the provision or use of the Services, the Australian Car Subscriptions website and these Terms and Conditions, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
• D. Under no circumstances will Australian Car Subscriptions’ aggregate liability whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Vehicle Price.
• E. You agree to defend, indemnify and hold Australian Car Subscriptions and its Personnel harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Australian Car Subscriptions or which Australian Car Subscriptions may pay, sustain or incur as a direct or indirect result of or arising out of:
• i. the use by you or any third party of the Services or the Australian Car Subscriptions website.

7. Force majeure

A. Australian Car Subscriptions shall have no liability to you under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business by a Force Majeure Event.

8. General

• A. These Terms and Conditions contain the entire understanding between Australian Car Subscriptions and the User and supersedes all prior communications. You acknowledge that you have not relied on any representations made by Australian Car Subscriptions which are not set out in this Agreement and to the extent permitted by law.
• B. These Terms and Conditions cannot be amended or varied except in writing signed by both parties. You must not assign or otherwise deal with its rights or obligations under this these Terms and Conditions without Australian Car Subscriptions’ prior written consent.
• C. If the whole or any part of any clause of these Terms and Conditions is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the remaining provisions.
• D. Nothing in these Terms and Conditions is to be construed as constituting an agency, partnership, joint venture, or any other form of association between the parties in which one party may be liable for the acts or omissions of any other party. You do not have the authority to incur any obligation or make any representation or warranty on our behalf, or to pledge our credit. We are mere facilitators in procuring an opportunity for you to purchase a motor vehicle and you do so at your own risk.

9. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• A. ‘Business Days’ means each day excluding Saturdays, Sundays and Public Holidays in Victoria.
• B. ‘Business Hours’ means 8:30am to 6:00pm on Business Days.
• C. ‘Subscriber’ means the third party subscriber of the Vehicle.
• D. ‘Content’ means all content, text, emails, files, names, artwork, graphics, video, reports, policies, or other information or materials downloaded, uploaded, sent or received.
• E. ‘Force Majeure Event’ means acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party such as a Third Party Provider or a Seller, hosting or data centre providers or other suppliers or sub-contractors.
• F. ‘Intellectual Property Rights’ means any intellectual or industrial property rights that have been or may be created or developed, whether or not registered or registrable, including without limitation a patent, trade mark or service mark, copyright, visual image, performance, recording or broadcast, registered design, business name, trade secret, confidential information (including the confidential information), or database or list of information.
• G. ‘Personnel’ includes any officer, employee, agent, contractor, sub-contractor or consultant of Australian Car Subscriptions.
• H. ‘Services’ means the services to be performed by Australian Car Subscriptions or its Personnel as part of these Terms and Conditions
• I. ‘Third Party Provider’ means the supply of Third Party Products.
• J. ‘Third Party Products’ means software, products, services or content (including all Intellectual Property Rights contained therein) that:
• i. (a) are provided by third parties;
• ii. (b) interoperate with the Services or the Australian Car Subscriptions website; or
• iii. (c) may be identified as third party products.
• K. ‘User’ means someone who comes onto and interacts with the Australian Car Subscriptions website.
• L. ‘Website’ means the Australian Car Subscriptions website located at www.australiancarsubscriptions.com.au or any other internet site notified by Australian Car Subscriptions from time to time.
  M. ‘you’ means the person or entity and includes anyone acting on your behalf or with your express or implied authority