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Terms of Use - Terms & Conditions
Your use of this site and the information available on this site is subject to the
following terms and conditions:
1.1 Ownership
Ownership - This website www.autoone.com.au and any subdomains
are owned and operated by Auto One Australia Pty Limited.
1.2 Acceptance
Acceptance of Terms and Conditions - Your access and use of the
Site is conditional upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document and elsewhere on the Site (known
collectively as the "Terms and Conditions").
By use of and/or continued use of the Site you are deemed to have accepted these
Terms and Conditions.
1. 3 Use
Restrictions on Use - You may not copy, reproduce, republish, frame,
post, upload, distribute, transmit or modify in any way all or any part of the material
contained on this Site, unless expressly provided for on the Site or expressly authorised
in writing by Auto One.
You must not transmit or attempt to transmit any data, code or other material of
any kind to this Site that contains a virus or other harmful component.
1.4 Content Disclaimers
Product Availability - Information about products published on
the Site does not guarantee or represent that such products are available from all
Auto One Franchisees.
Prices - Price information published on the Site are recommended
retail prices only and are subject to change without notice. All prices may not
be available in all stores.
Trademarks - All names, logos and trademarks are the property of
Auto One or the third parties that have contributed to the Site.
Nothing on the Site should be interpreted as granting any rights to use or distribute
any names, logos or trademarks, without the express written agreement of Auto One
or the relevant contributor.
Nothing displayed on the Site should be construed as granting any licence or rights
to use any name, logo or trademark without the express permission of Auto One, or
the relevant third party contributor.
Copyright - Australian and international copyright law protects
all information such as text, graphics, images and other material ("Material") on
this Site.
No part of this Site may be produced, re used, retransmitted, adapted, published,
broadcasted or distributed for any commercial purpose without Auto One's prior written
consent.
No Representations - The information on this site is provided in
good faith, but you should not rely on it without making your own independent assessment
of it. Auto One makes no representations about the accuracy, reliability, completeness
or timeliness of the Material. The Material may contain inaccuracies or typographical
errors. The use of the Site and the Material is at your own risk
No Warranties - The Site and Material are provided on an as is
basis without any warranties of any kind. Auto One, to the fullest extent permitted
by law, disclaims all warranties.
The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation
implies terms, conditions and warranties into some contracts for the supply of goods
and services and prohibits the exclusions, restriction and modification of such
terms ("Prescribed Terms").
Except as provided by the Prescribed Terms, all warranties express or implied by
law in any way relating to access to, or non access to, the Site or the use of or
reliance upon the Site or the Materials are excluded.
Auto One does not warrant that the Site will operate error free or that this Site
and its servers are free of computer viruses and other harmful data, code, components
or other material.
Nor does Auto One warrant that it will be able to prevent any illegal, harmful or
inappropriate use, modification or alteration of the Site, or will give notice of
such use, modification or alteration.
Limitation of Liability - To the fullest extent permitted by law,
Auto One disclaims all liability and responsibility for any direct or indirect loss
or damage which may be suffered by you using this site, or relying on anything contained
in or omitted from this site.
You agree not to carry on any activity in relation to the Site which might involve
Auto One in liability. If you do engage in such activity, you agree to grant Auto
One an unlimited indemnity with respect to your conduct.
Links - You acknowledge that the inclusion of links in this Site
is not intended as an endorsement or recommendation of the linked site or the content
of such sites, and Auto One accepts no liability for loss of any kind arising from
the information on any linked site.
You should read carefully the privacy policy and terms and conditions that appear
on any site linked to the Site, as Auto One is not responsible for any practices
on linked sites.
You use and access a linked site at your own risk.
Severance of Terms - If any provision of the Terms and Conditions
is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the Terms and Conditions that will continue in
full force and effect.
All rights not expressly granted are reserved. This agreement sets out the entire
understanding and agreement between Auto One and you with respect to the subject
matter.
1.5 Changes
Auto One has the right to change or discontinue any feature of the Site including
the Materials, hours of availability and equipment required for access.
Amendment of Terms and Conditions - Auto One may amend the Terms
and Conditions at any time by posting the amended terms and conditions on the Site
and will notify you if you are a franchisee.
Amended terms and conditions will be effective immediately after notice is given
and you will be bound by the amended terms and conditions from that time.
This agreement as constituted by your acceptance of the Terms and Conditions may
not be amended otherwise than as set out in this clause 1.5.
If the Terms and Conditions have been changed you should check back to confirm whether
any of these changes affect you.
Termination - The Terms and Conditions are effective until terminated
by Auto One. Auto One may terminate this agreement and your access to the Site at
any time without notice.
In the event of termination, you are no longer authorised to access the Site.
All restrictions imposed on you, disclaimers and limitations of liability set out
in the Terms and Conditions will survive termination. If you violate any Terms and
Conditions your right to use and access the Site automatically terminates.
1.6 Governing Law
Governing Law - The Terms and Conditions are governed by and construed
in accordance with the laws of Victoria, Australia.
Use of Site from outside Australia - The information on this Site
("the Information") and the terms and conditions of this Agreement ("the Terms and
Conditions") have been prepared in accordance with Australian law.
If you are residing in or accessing this Site from a country other than Australia
("the User Country") the Information and the Terms and Conditions may not satisfy
the laws of the User Country.
Should the Information and the Terms and Conditions satisfy the laws of the User
Country, then you are entitled to use the Site.
In the event that the Information or the Terms and Conditions do not satisfy the
laws of the User Country, this Site is not intended for your use, and you are not
entitled to rely on the Information.
If you do so, you agree to indemnify Auto One for any loss or damage, which may
be incurred by you as a consequence.
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Auto One Catalogue
Disclaimer:
This catalogue is produced for Auto
One Australia Pty Ltd ACN 069 911 048, ABN 37 069 911 048. Prices in this catalogue
are valid form the sale dates which appear on and within the catalogue as stated.
All products in this catalogue have
been included in good faith on the basis that they will be available. We accept
no responsibility for the failure of our suppliers to deliver the product or for
late delivery.
Due to freight costs some prices may
vary between stores and some products are only available at selected stores. Auto
One Australia Pty Ltd reserves the right to correct any pricing errors, incorrect
product descriptions or photographs without notification.
For certain products there is a limit
of two units per customer. Trade customers are not permitted to use their store
accounts to purchase catalogue products unless they have prior approval from the
store owner or manager.
Accessories in some photographs are
not included unless otherwise stated.
Fitting service will apply to products
which are purchased at Auto One only. Pre-booking to confirm fitting may be required.
Fitting is subject to an inspection, weather permitting.
All prices in this catalogue include
GST.
Auto One's Right Price Guarantee
1. Our Right Price Guarantee must be read subject to these
Terms.
2. Auto One stores are
operated by
(independent Franchisees (Relevant Franchisee) pursuant to franchises granted by
subsidiaries of Auto One Australia Pty Ltd).
3. To be eligible for our Right Price Guarantee, you must
provide to the Relevant (Franchisee) on the date of your purchase, or within seven
(7) days after the date of purchase, evidence of any genuine competitor�s advertised
price for identical product (part number, make or model) as advertised in a daily
newspaper, catalogue, on commercial radio or television advert. The competitor�s
identical product must be produced by the same manufacturer and of identical quality
and design.
4. The identical product must be a lower price than our
quoted price or the price you paid for the product, after all allowances, rebates
and discounts, and advertised and available for sale by a local retail competitor
actively engaged in the Relevant (Franchisee�s) local retail market (competitor),
during the period seven (7) days prior or seven (7) days after the date of your
purchase. The Relevant (Franchisee) reserves the right to verify the evidence of
the identical product sold at the lower price.
5. If your claim qualifies for our Right Price Guarantee,
the Relevant (Franchisee) will lower the price by either reducing the quoted price
(or price paid) or by the inclusion of bonus product or service to a value which
betters the lower price.
6. Our Right Price Guarantee does not apply where:
a.
the lower price is conditional, or a price determined after the allowance of any
amount for, or is part of a promotion involving, financing, installation, delivery,
rebates, cash back offer, free or bonus offer, trade discount, stock clearance or
any limited quantity promotion; or b.
the lower price is offered under any promotion with a third party (including, but
not limited to, promotions with newspapers, exhibitions or other special events);
or c.
the lower price is not available to the general public; or d.
the identical product is advertised in classifieds, online retailers, commercial
resellers or distributors who sell direct to the public, parallel importers, fire
or liquidation sales, rack, clearance and warehouse outlets; or e.
the lower price has been discounted by the competitor by use of coupons, loyalty
rewards, redemption of frequent flyer miles or similar and other offers or incentives
to reduce the total cost; or f.
the lower price has been discounted by the competitor on the basis that the product
is a display stock only, end of line, ex demo, limited quantity, clearance, second
hand or similar; or g.
the lower price is the result of an error by the competitor; or h.
the Relevant (Franchisee) is unable to verify, using reasonable means, that the
lower price or the advertised product is available for purchase. i. on bulk,
commercial or trade quantities.
7. The provision of the lower price or the inclusion of
bonus product or service to a value which betters the lower price by the Relevant
(Franchisee) will be the sole and exclusive compensation payable to you if you show
the Relevant Franchisee did not meet our Right Price Guarantee.
8. Where a price match is applied, a limit of 2 items agreed per customer will apply.
9. Our Right Price Guarantee may be terminated or amended at any time without notice.
10. Our Right Price Guarantee is only available to you
on the date we provide you with our quoted price or during the period seven (7)
days after your date of purchase.
11.
Our Right Price Guarantee is subject to you complying with the Relevant (Franchisee)
usual terms and conditions of trade.
12. The information you provide to the Relevant (Franchisee)
will only be used to provide the Right Price Guarantee to you or to discuss your
claim. A copy of the Relevant (Franchisee) Privacy Policy is available in store.
You may direct questions relating to your privacy to the
Auto One Privacy Officer in writing at
info@autoone.com.au or PO Box 6184, Baulkham
Hills, NSW 2153 or by telephone on 02 8845 1111.
Auto One Right Price Guarantee Version 1.0 April 2011
2 Minute Greeting Guarantee
Action:
1. The two minute greeting is a sign
of respect to your customers; it is a means of making them feel welcome in your
store.
2. If serving someone,
simply excuse yourself and make the customer welcome � �Sorry Sir/Madam, I will
be with you in a moment�� and resume with the customer you are first serving.
3. The greeting is not a commitment that the customer will be served or a transaction
will occur within two minutes, just a greeting must occur.
Our 2 Minute Greeting Guarantee � Terms and Conditions:
1. Not valid in conjunction with any
other offer.
2. Not valid on already discounted, promotional or sale items.
3. The discount is on all goods brought to the counter if an Auto One employee hasn�t
greeted the customer within the 2 Minute Greeting Guarantee timespan.
4. Does not include bulk, commercial or trade quantities.
5. Where a price match is applied, a limit of 2 items agreed per customer will apply.
Team Auto One V8 Ute Giveaway Terms and Conditions
1. Information regarding how to enter, how to claim, and details of the prizes form part of these conditions of entry. Entry into this promotion is deemed acceptance of these conditions of entry.
2. The Promoter is Auto One Australia Pty Limited ACN 069 911 048, ABN 37 069 911 048, of Unit 1, 40 Carrington Road, Castle Hill NSW 2154, Australia.
3. Entry is only open to Australian residents, aged 18 years and over, except for the directors, management and employees of the Promoter, its related companies and agencies, the immediate families of the above listed persons, and directors, management and employees of companies, business or individuals associated with this promotion.
4. The Promotion will be open from 9:00am local time in each State and Territory of Australia on Wednesday 17th August 2011 and will continue until 5:00pm local time in each State or Territory on Saturday 24th December 2011.
5. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
In Store:
I. Make a product purchase and fill out an entry form at any Auto One store (must retain the receipt of purchase). This will earn an entrant one entry to the competition.
II. Buy any affiliate sponsor products in any Auto One store across Australia to earn one additional entry per receipt.
III. If the entrant is an Auto One A1 Club Member, they will earn one additional entry.
6. The “Prize” is a V8 Holden VE Commodore Ute SS Thunder with manual transmission.
7. The prize will be used for promotional purposes during the competition, and will be driven for a limited number of promo kilometres.
8. The prize was registered in NSW in July 2011.
9. The Prize includes on road costs, statutory government charges, the balance of one year’s registration, and the balance of one year’s compulsory 3rd party personal insurance for private use.
10. Additional insurance, petrol and all other ancillary costs are the responsibility of the winner.
11. The Prize comes in red colour only. The prize will include removable vinyl stickers with Auto One branding.
12. To the fullest extent permitted by law, the Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of collection of the Prize.
13. In the event that the winner, through any legal incapacity or otherwise, is incapable of obtaining motor vehicle registration of the Prize or an Australian drivers licence in his or her name in accordance with the applicable legislation in the State or Territory in which the Prize is collected, the Promoter may allow a winner to assign the Prize to another person with legal capacity for the purpose of registration. The Prize must be registered prior to collection.
14. It is a condition of entry that the winner provides the Promoter with certified copies of all required documentation before the Prize is handed over to a winner. Winners will be informed of documentation required at time of notification of winning.
15. The total value of the prize pool is $50,000 (including GST).
16. The Prize will need to be collected from Auto One Australia Pty Limited, Unit 1, 40 Carrington Road, Castle Hill NSW 2154, Australia, and transport of the vehicle from the collection location will be the sole responsibility of the winner, unless the winner is a resident of the ACT, whereby they will receive compensation for the fuel cost of driving from a location within the ACT to the collection location in NSW.
17. Other than as set out in clause 13, prizes are not transferable, upgradeable, divisible or exchangeable and are not redeemable for cash. All other costs associated with a prize, including but not limited to additional insurance, petrol and other ancillary costs (including travel to and from the collection location) are the responsibility of the winner.
18. The prize will be drawn by hand at 12:00pm on Wednesday 11th January 2012 at Unit 1, 40 Carrington Road, Castle Hill NSW 2154, Australia. The draw will be conducted by a representative of the Promoter.
19. The Eligible Entrant with the first valid Eligible Entry drawn will win a Holden VE Commodore Ute SS Thunder, valued at up to $50,000 (including GST).
20. The winner will be notified by telephone and in writing on the Thursday 26th January 2012. The winner’s details will be published in The Australian newspaper on Thursday 26th January 2012. Entrants are not required to attend or be present at the draw.
21. In the event that a prize has not been claimed three months after the draw date, by 9:00am Australian Eastern Standard Time (“AEST”) on Wednesday 11th April 2012, a hand drawn re-draw for the prize will take place at 2:00pm AEST on Wednesday 11th April 2012 at Unit 1, 40 Carrington Road, Castle Hill NSW 2154, Australia, subject to any written directions given by State and Territory gaming departments. The re-draw prize winner will be notified by telephone and in writing on Wednesday 11th April. The re-draw winner’s details will be published in The Australian newspaper on Wednesday 18th March 2012.
22. The winners may be required to sign a release and indemnity form in favour of the Promoter and return that document to the Promoter prior to receiving a Prize.
23. If a winner chooses not to take the Prize or any component of it (or is unable to), the Prize is forfeited and the Promoter is not obliged to substitute the prize or any component.
24. The Promoter accepts no responsibility for any variation in the value of the Prize.
25. If the Promoter is unable to provide a winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of equal or greater monetary value to the nominated Prize, subject to any written directions given by State or Territory gaming departments.
26. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, incomplete, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
27. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
28. The Promoter and the agencies and companies associated with this Promotion take no responsibility for the Prize being damaged in transit, or for any delay in delivery of the Prize or for the Prize becoming lost or stolen after it has been delivered to, collected by and/or released to the Prize winner.
29. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
30. Incomplete, illegible or incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not valid or eligible to win.
31. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
32. The entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the entrant would like to access or correct the personal information that the Promoter holds about the entrant, or if the entrant does not wish the information to be disclosed, the entrant should contact the Auto One Privacy Officer in writing at info@autoone.com.au or PO Box 6184, Baulkham Hills, NSW 2153 or by telephone on 02 8845 1111.
33. By entering into the Promotion, the entrant agrees and acknowledges that:
I. They may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos of them;
II. The Promoter may use such comments or photos (the “Materials”) for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
III. The Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
IV. By entering the Promotion, they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
V. They unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
VI. They waive all Moral Rights in the Materials that arise outside Australia;
VII. They agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
34. To the extent permitted by law, the Promoter shall not be liable for any loss, damage or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained in connection with this Promotion.
35. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
36. Authorised by permit numbers:
- VIC: 11/1679
- NSW: LTPS/11/06712
- ACT: TP 11/03036
- SA: T11/1581
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