Terms and Conditions
Using this website
This website is owned and managed by White King Brisbane Pty Ltd ATF White/King Brisbane Unit Trust ABN 31 663 193 507 Trading as Northern Isuzu UTE, hereby referred to as Northern Isuzu UTE.
This site is provided as an introduction to Northern Isuzu UTE only, based on general information including that provided by third parties. Information given may change and some time may pass before this website can be updated in respect of all information affected. That being so Northern Isuzu UTE does not guarantee or warrant that information on this website is accurate or complete and makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content or details disclosed on this site.
Except as expressly provided for in writing or as regarded by law, the liability of Northern Isuzu UTE arising from the use of this site or the goods and services purchased using this site is specifically excluded and Northern Isuzu UTE disclaimers all warranties and any liability for damages of any kind and any liability whether in contract, tort under statute or otherwise for any injury, damage or loss whatsoever. No reliance should be placed on information contained or is to be implied or inferred from this website without checking the details with an authorised officer of Northern Isuzu UTE. Specifications and descriptions are provided by manufacturers.
Vehicle Information
The information, pictures, colours, and specifications contained within this website are presented as a general guide to the products and accessories offered by Northern Isuzu UTE Although every effort has been made to ensure that such information is correct and up to date, no warrant is provided that all such information is reliable, complete, accurate or without error. Therefore, Northern Isuzu UTE does not accept liability for damages of any kind resulting from the access or use of this site and its contents.
Pricing
The prices on vehicles and products on this website are in Australian dollars (AUD$) and include GST unless otherwise stated.
Copyright and Intellectual Property
All text, images and sounds supplied by the manufacturer, third parties or Northern Isuzu UTE on this site are subject to Copyright and other intellectual property rights of suppliers and/or Northern Isuzu UTE. All production, designs and design related works and software, including but not limited to website source code, on this site are subject to Copyright and intellectual property rights of Northern Isuzu UTE. These materials may not be copied for commercial use or distribution or otherwise modified or reposted to other sites.
Personal & Non Commercial Use Only
Data on this website are provided for your personal and non-commercial use only. You must not, without the written approval of Northern Isuzu UTE:
Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any data from this website;
Use or attempt to use any data published on this website to create any web site or publication;
Mirror or frame any data published within this website;
Use any automated process of any sort to query, access or copy any data on this website or generate or compile any document or database based on the data published on this website; or Transfer or sell any data offered on this website.
Trademark
All Trademarks displayed on this site are subject to the legal rights of Northern Isuzu UTE or the other Trademark owners and the unauthorised use of any Trademark displayed on this site is strictly prohibited.
Contracts
This site may only be used for lawful purposes and Northern Isuzu UTE reserves the right to deal or refuse to deal with any user. No contract will be made or deemed to be entered into unless confirmed in writing by Northern Isuzu UTE.
Instant, on-screen offers on this website
TERMS & CONDITIONS
Preliminary matters
The valuation platform operated by Northern Isuzu UTE (“we/ us/ our”). We operate a Pre-Owned vehicle valuation service via our Websites (“Valuation Platform”). The Valuation Platform allows people (“Users”) to request a valuation on their Pre-Owned Vehicle (“Valuation Request”) from us. Once a User has submitted a Valuation Request, including all required information, we will issue to the User a conditional value of the Pre-Owned Vehicle in accordance with clause 3 (“Online Value”).
These terms and conditions form a contract between us and you for your access and use of the Valuation Platform (“Valuation Terms”).
If you do not agree to these Valuation Terms, you must not use or access the Valuation Platform.
We reserve the right to amend these Valuation Terms from time to time without giving specific notice to you. We will publish the amended Valuation Terms on the Valuation Platform.
You should periodically review the Valuation Terms and, if you do not agree with any of the changes, you must cease using or accessing the Valuation Platform. By continuing to use the Valuation Platform, you will be deemed to have accepted the changes to the Valuation Terms.
We are a Licensed Motor Dealer.
Access
By accessing or using the Valuation Platform, and by clicking “I agree”:
you acknowledge that you have read, understood and agree to be bound by these Valuation Terms; and
agree that these Valuation Terms will apply to all Valuation Requests and Online Values via the Valuation Platform.
The Valuation Platform is only available for use by people located in Australia. If you are not located in Australia, you must not use the Valuation Platform.
You must:
comply with these Valuation Terms;
provide all information requested by us; and
describe the Pre-Owned Vehicle accurately.
You should undertake your own investigations and enquiries to determine whether the Online Value is a reasonable price for the sale of the Pre-Owned Vehicle. You acknowledge that we are not making any recommendation to you in relation to any potential sale of the Pre-Owned Vehicle.
By using the Valuation Platform, you warrant and represent to us that:
you have attained the legal age to sell a vehicle in your applicable jurisdiction;
you are located in Australia;
any information that you submit (including all information about the Pre-Owned Vehicle, your name, contact number, email address and address) is truthful and accurate; and
your use of the Valuation Platform and associated services does not violate any applicable laws or regulations.
You are responsible for your own internet connection, telecommunications and data costs when accessing and using the Valuation Platform.
We may, from time to time and without notice, make changes to the Valuation Platform (including adding or removing functions) or cease, interrupt or withdraw access to the Valuation Platform for any reason, including for upgrades and maintenance of the Valuation Platform.
Online Value
You may apply to receive an Online Value for your Pre-Owned Vehicle by completing the Valuation Request on the Valuation Platform.
By completing the Valuation Request and submitting it to us, you warrant that the Pre-Owned Vehicle:
is in the condition warranted by you at the time of submitting the Valuation Request (i.e. Excellent Condition, Good Condition, or Poor Condition as set out and defined in clause 3(c));
has an accurate odometer reading and/or record of distance or hours travelled;
has a working odometer which has not been replaced;
is less than ten years old and has travelled less than 150,000km;
is not on the Written Off Vehicle Register (as maintained by the various Australian roads and licensing authorities.)
A Pre-Owned Vehicle is deemed to be:
in excellent condition if it has no Minor Defects and no Major Defects (“Excellent Condition”);
in good condition if it only has Minor Defects and has no Major Defects (“Good Condition”);
in poor condition if it has more than three Major Defects (“Poor Condition”).
By submitting the Valuation Request with respect to the Pre-Owned Vehicle, you further represent and warrant that:
the warranties given in clause 3(b) are true and correct in respect of the Pre-Owned Vehicle ;
you have full legal authority to sell the Pre-Owned Vehicle;
you are the sole owner of the Pre-Owned Vehicle;
you have clear title to and the unfettered right to sell the Pre-Owned Vehicle and the Pre-Owned Vehicle is not subject to a security interest of any kind including without limitation under the Personal Property Security Act 2009 (Cth) (PPSA) which will not be released at or before the time of any sale or you have clear title to and the unfettered right to sell the Pre-Owned Vehicle subject to the release of a security interest under the PPSA no greater than the amount owing declared by you when requesting the Online Value via the Valuation Request.
Indicative offer
The Online Value is based solely upon the information you provide to us about the Pre-Owned Vehicle including the representations and warranties given by you pursuant to clauses 3(b) and 3(d). Within three days of receiving the Online Value, you may choose to submit the Pre-Owned Vehicle for a physical inspection at TWG Cars, provided that the information provided by you remains true and correct.
Our delivery of an Online Value to you on the Valuation Platform:
is an invitation to treat only;
is an indicative valuation only;
is not an offer by us to purchase the Pre-Owned Vehicle from you; and
does not form a legally binding agreement for the purchase of the Pre-Owned Vehicle by us from you.
(c) We must carry out a final physical inspection of the Pre-Owned Vehicle at Northern Isuzu UTE before we will make a formal offer to purchase the Pre-Owned Vehicle. If we determine at the final physical inspection that the Pre-Owned Vehicle does not accord with the information provided by you in the Valuation Request or does not satisfy all of the representations and warranties given by you pursuant to clauses 3(b) and 3(d), or the Pre-Owned Vehicle presents in a condition with Appendix A “No Offer to Buy”, we may advise you of the updated value of the Pre-Owned Vehicle (Final Trade-In Price).
We may in our absolute discretion:
make an offer to you to purchase the Pre-Owned Vehicle, at either the Online Value or Final Trade-In Price (as applicable), on the terms set out in these Terms and Conditions, by delivering our Vendor’s Statement to Motor Dealer contract to you (“Offer”); or
withdraw the Offer before it is accepted by you in accordance with clause 4(e)(2).
You may, in your discretion:
reject the Offer; or
accept the Offer by confirming your acceptance of the Offer via the method made available by us (“Acceptance”).
The Offer is valid for three days from the time it is communicated to you (“Offer Period”).
During the Offer Period you must not drive more than 500 kilometres in the Pre-Owned Vehicle. If you do drive more than 500 kilometres during the Offer Period, we may withdraw the Offer.
If you accept the Offer, we will pay to you the applicable price as set out in the Offer in accordance with our Vendor’s Statement to Motor Dealer contract.
In addition to the rights at clause 4(c), we reserve the right, in our absolute and sole discretion, not to offer to purchase the Pre-Owned Vehicle, at either the Final Trade-In Price or the Online Value or any other price, if at the time of hand-over, or during our final physical inspection of the Pre-Owned Vehicle, the Pre-Owned Vehicle does not match the description provided by you in the Valuation Request.
Prior to the Pre-Owned Vehicle being accepted by us, you must provide us with:
all of the Pre-Owned Vehicle’s keys (master/s and copies);
the Pre-Owned Vehicle’s current registration certificate and proof of ownership documentation;
the Pre-Owned Vehicle’s service history, owners’ manual and service books (if available);
any accessories; and
Your Drivers Licence
You give us or our nominee the right to issue a recipient created tax invoice in respect of the Pre-Owned Vehicle.
You acknowledge and agree that we may nominate a third party purchaser to complete the purchase of the Pre-Owned Vehicle. Where this occurs, any obligation of yours and any promise, warranty or indemnity provided by you under the Contract with respect to the Pre-Owned Vehicle is held by us on our own behalf and upon trust for the relevant third party purchaser of the Pre-Owned Vehicle. The existence of the trust established by this clause does not prevent us exercising any right under the Contract on our own behalf.
Title in the Pre-Owned Vehicle transfers to us or to our nominee when the Final Trade-In Price is paid in accordance with Vendor’s Statement to Motor Dealer contract.
Valuation Platform
To the extent permitted by law we give no warranty that the information on the Valuation Platform is accurate, complete or up-to-date.
The Valuation Platform may use, or contain links to or display, the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Intellectual Property
All material on the Valuation Platform, including the text, information, graphics, logos, design, layout, downloads and services (“Platform Content”) is owned by or licensed to us and related entities.
Trade marks Pre-Owned on the Valuation Platform to describe third parties and their products are trade marks of those third parties (“Third Party Trade Marks”).
You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store:
Platform Content or our trade marks for any purpose, other than with our prior written consent, or as permitted by law; or
the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
All of our rights and rights of our licensors are reserved.
We reserve the right to aggregate and analyse data that we collect through the operation of the Valuation Platform. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Valuation Platform. With this data, we may:
create datasets that may be Pre-Owned for any purpose (including commercial purposes such as licensing or selling the datasets to third parties);
use the data to identify and offer you vehicles and related services (as well as goods and services of our trusted partners) that we think you may be interested in; and
use data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and
data security, and the development of data products such as industry benchmarks, trends and indices.
Acceptable Use
You must:
only use the Valuation Platform in accordance with these Valuation Terms and only for legitimate purposes including browsing and requesting Valuation Requests. If you use the Valuation Platform in an unauthorised way, we may deny you access;
not use the Valuation Platform in breach of any applicable laws or regulations;
not use the Valuation Platform to send spam or unsolicited messages to other users or to harvest personal information and contact details of other Users;
not frame or mirror any part of the Valuation Platform without our written authorisation; and
not interfere with, disrupt, or create an undue burden on the Valuation Platform.
Without limiting the above, you must not and must not permit a third party to:
use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Platform Content;
circumvent, disable or otherwise interfere with security-related features of the Valuation Platform;
use (or attempt to use) the Valuation Platform in an unauthorised manner to identify or discover pricing, the identity of any User, or any related business methodology or systems; or
do anything which will or may damage, disrupt access to or interfere with the proper operation of the Valuation Platform, or upload or permit any virus or malicious code to adversely affect the Valuation Platform or any associated equipment or data.
Indemnity and Liability
General indemnity
You agree to indemnify us, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which we may pay, suffer, incur or are liable for, arising from or in connection with any act you do or cause to be done, in breach of these Valuation Terms.
General limitation of liability
Nothing in these Valuation Terms is intended to have the effect of excluding any Consumer Guarantee that you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”) or any other applicable law that cannot be excluded, restricted or modified by agreement of the parties (collectively “Non-Excludable Rights”).
Our liability to you for a breach of any Non-Excludable Right (other than a Non-Excludable Right that by law cannot be limited) is limited, at our option to any one of resupplying the services or paying the cost of supplying again, in respect of which the breach occurred, unless:
the goods or services supplied are goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is Used Vehicles in section 64A of the Australian Consumer Law;
it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
The Valuation Platform and its contents and associated services and functionality are provided “as is”. By accessing the Valuation Platform, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Valuation Platform or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, we exclude:
any term, condition or warranty that may otherwise be implied into these Valuation Terms, including (but not limited to) any term, condition or warranty that:
the Valuation Platform or any of its functions will be uninterrupted, available or error free;
defects will be corrected; or
the Valuation Platform or any server that makes it available is free of errors, viruses or malicious code;
any liability due to any delay or unavailability of any part of the Valuation Platform, any of its functionality or associated services;
any liability for Consequential Loss (including negligence),
arising out of or in connection with the Platform Content, the use or performance of this Valuation Platform or services provided by us via the Valuation Platform
Subject to 8(b), our liability to you as a user of the Valuation Platform is limited to the Online Value.
Warranties and Representations
The use of the Valuation Platform is at your own risk. The Valuation Platform and its content is provided to you on an “as is” and “as available” basis without warranty or representation of any kind.
We (including our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors) do not make any express or implied representation or warranty about the Valuation Platform or its content.
General Provisions
Governing law
These Valuation Terms are governed by the laws of Queensland, Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
Privacy
Our privacy policy, available on this web page, is incorporated by reference into these Valuation Terms. The Privacy Policy contains important information about how you can access and correct information we hold about you, how you can complain about a breach by us of the Australian Privacy Principles and how your complaint will be handled. We use the personal information you provide to contact you in relation to your Valuation Request. We may also collect personal information by conducting searches of databases including vehicle registers and the Personal Property Securities Register in order to verify the information you provide. Without this information, we may not be able to fulfil your Valuation Request, make an Offer or complete any transaction. We may disclose your personal information to service providers assisting us with our business operations, to any third-party purchaser of the Pre-Owned Vehicle and to the relevant vehicle registration agency for the purposes of processing any such transaction and recording the change of ownership. We do not generally disclose such personal information to third parties outside Australia.
Assignment
We may assign or novate these Valuation Terms to a third party without your consent.
Entire agreement
To the extent permitted by law, in relation to the subject matter of these Valuation Terms, these Valuation Terms embody the entire understanding of the parties, and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement between the parties.
Severability
If the whole or any part of a provision of these Valuation Terms is void, unenforceable or illegal it is severed. The remainder of these Valuation Terms continue to have full force and effect.
Contact
If you have any queries regarding these Valuation Terms, please contact our Customer Care team.
Definitions and Interpretation
In these Valuation Terms, unless the context otherwise requires:
Northern Isuzu UTE Dealership includes the following dealerships: listed at https://northernisuzuute.com.au/
Northern Isuzu UTE means The Trustee For White King Brisbane Pty Ltd ATF White/King Brisbane Unit Trust ABN 31 663 193 507 and its respective related bodies corporate and related entities (as defined in the Corporations Act 2001(Cth)).
Consequential Loss means loss or damage that is not direct or does not flow naturally from the relevant act or omission in breach of these Valuation Terms and includes, without limitation, loss of profits and loss of opportunity.
Licensed Motor Dealer means we hold the following license: LMCT 6595
RedBook means Automotive Data Services Pty Ltd.
Pre-Owned Vehicle means your existing car or other vehicle which you offer to us or our nominee;
you, your means you as the User of the Valuation Platform.
Websites means the websites operated by Northern Isuzu UTE:
https://northernisuzuute.com.au/
In these Valuation Terms, except where the context otherwise requires:
the singular includes the plural and vice versa, and a gender includes other genders;
headings are for convenience only and do not affect interpretation or construction;
another grammatical form of a defined word or expression has a corresponding meaning;
a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
a reference to ‘A$’, ‘$A’, ‘dollar’ or ‘$’ is to Australian currency;
a reference to a ‘party’ is to a party to these Valuation Terms, and a reference to a party to a document includes the party’s officers, employees, executors, administrators, successors and permitted assigns and substitutes;
a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;
a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Valuation Terms agreement or any part of it; and
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
Instant Price ‘Inspection’
Appendix A – “Passable Condition” Guide
Conditional Quote Price Adjustments Affected area;
Exterior panel damage – scratches
Adjustment amount: $500
Material damage requiring complex repair heavy scratches over multiple panels
Lights
$500 per affected light
Cracked or smashed lights/indicators
Exterior panels Hail damage
Adjustment Amount: Nil, $500, POA
1-4 incidents
5 – 10 incidents
>10 incidents – Hail (POA or dealer discretion)
Seats
Adjustment amount: $500
Wear and tear and staining to prominent areas Torn lumbar supports over 5cm
Collapsed (torn) lumbar supports
Missing prominent trim (levers, switches, side covers)
Trim/dash
Adjustment amount: $500
Wear and tear and staining to prominent areas Heavy scratching/scuffing to plastic trim (over 5cm)
Missing prominent trim (significant door trim, handles, prominent upper dash pieces) Non-removable stains to prominent areas
Holes/cracks in dash
Cargo Area Passenger
Adjustment amount: $500
Worn Carpet Torn Carpet
Scratched/scuffed trim Missing trim prices
Cargo area (commercial)
Adjustment amount: $1000
Surface rust in tray Damaged tonneau cover
Dents and scuffs to tub/lid/canopy
Engine and Road Test
Where it is deemed that there are significant faults to cause vibration, noise, black smoke or other serious mechanical faults. Due to the uncertain nature of issues or damage to the engine or othermechanical aspects of the vehicles, chargeable items are deemed POA (dealer discretion).
Chargeable items
Motor Gearbox
Differential/s centre Transfer case
Steering rack/box assembly (not ends)
Bent or heavily corroded arms/suspension components Warning lights
Non- Chargeable items Bushes
Brakes Rack ends
Shock absorbers Struts
Springs Bearings Hubs
Axles
Drive shafts Uni joints
Underbody
Wheel Alignment/balancing Tyres (inc aftermarket 4×4 tyres) Exhaust
Gearbox/engine mounts Clutch
Belts (alternator, power steering etc)
Adjustment Amount: Referral
Oil leaks that are dripping or forming a drip
Missing/ Inoperable Components
Items are calculated at $500 per instance unless otherwise stated Cargo blind
Parcel shelf Console lid Headrests Glove box lid Sun visors Speakers
Spare key
Inoperable components
Sunroof (POA) Convertible roof (POA) DVD
GPS
Stereo/radio Power windows Power tailgates
Power sliding doors Power seats
Missing or Incomplete service history
Adjustment Amount: Referral
All vehicles with missing or incomplete service history are subject to valuation reduction
Damaged Rim
Adjustment Amount: $500 Cracked Rim
Modifications that result in the vehicle being un-roadworthy or substantially reduce its value
Adjustment Amount: Referral
Structural Rust
Adjustment Amount: Referral
Vehicle on Written-off vehicle register
Adjustment Amount: Referral

Northern Isuzu UTE Privacy Policy
Do we disclose your personal information to anybody?
Northern Isuzu UTE may disclose your personal information in certain circumstances.
For example: Sometimes we are required or authorized by law to disclose your personal information. For example we may disclose your personal information during the registration or transfer of a vehicle, or to an insurance company transacting Compulsory Third Party insurance. We may also disclose your personal information to the Motor Vehicle Manufacturer or Distributor to ensure the proper registration of Warranty details for the protection of the customer’s vehicle.
Ensuring your personal information is up to date
Northern Isuzu UTE relies upon the personal information we hold about you to efficiently conduct our business of providing motor vehicle sales and services. For this reason it is extremely important that the information we collect is accurate, complete and up to date.
During the course of our business relationship with you, we may ask you, from time to time to tell us of any changes to your personal information; however, you may wish to contact us at anytime to furnish us with changes to your circumstances.

Ensuring your personal information is up to date
The protection of your personal information is a priority for Northern Isuzu UTE.
We take all reasonable precautions to safeguard your personal information from loss, misuse, unauthorized access, modification or disclosure.
Northern Isuzu UTE employs a number of means to protect your personal information including:
Restricted access to personal information
We enter into confidentiality agreements with employees, contractors and third party organizations
Regular reviewing and testing of our technology in order to improve the levels of security
Can I access the personal information Northern Isuzu UTE holds about me?
You may request access to any of the personal information we hold about you.
In most cases, a summary of personal information such as your name and address details, contact telephone numbers are freely available to you by contacting any one of our branches.
All requests for access to personal information will be handled as quickly as possible and we shall endeavour to process any request for access within 30 days of having received the request. For requests for information which may be held in archives, a fee may be charged to cover the cost of retrieval and the supply of the information to you.
Northern Isuzu UTE may be required by law to retain your personal information for a period of time after you have finished a relationship with us. After the required time has passed, we will attend to the destruction or deletion of your personal information.

Terms of Use

Please read these Terms of Use carefully before using this Web Site.

This web site, accessible at northernisuzuute.com.au, as well as any Facebook, Twitter and LinkedIn sites linked to this web site (collectively “Web Site”) are owned and operated by ADME Advertising Pty Ltd (ACN 613333592) (ADME) together with Northern Isuzu UTE (Dealer) (together “we” or “us”). By using this Web Site, or downloading materials from this Web Site, you agree to the terms and conditions in this Terms of Use document.

General Information

Unless expressly agreed otherwise, the Web Site is provided and may be used for information purposes by Australian residents only. The pricing, specifications, information, pictures, video, audio recordings, data, opinions, and other materials appearing on the Web Site (Information) are of a general nature only and must not be construed as an offer to sell or advice as to the suitability our products or services for your needs. We accept no responsibility for the accuracy or completeness of the Information. The Web Site has not been prepared with reference to your individual needs lor personal circumstances.

Where we make third party material available or accessible through the Web Site you acknowledge that we are a distributor and not a publisher of that content and that our editorial control is limited.

Restrictions on use of Website

As a condition of your use of our Web Site or any web applications contained on this Web Site, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with this Terms of Use document.

Specifically, you agree not to:

• Use any address harvesting software or automated scripting tool software, data mining, robots, screen scraping or similar data gathering and extraction tools on the Web Site;
• Interfere (or attempt to interfere) with or disrupt (or attempt to disrupt) the Web Site or the servers or networks that host the Web Site or with any security-related or other features of the Web Site;
• Link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
• in a way that suggests or implies that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
• in a way which is unlawful, defamatory, discriminatory, threatening or malicious;
• Reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of Information on the Web Site, including audio and video excerpts, except as permitted by statute or with our prior written consent;
• Use this Web Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
• Disseminate (by another website, email or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
• Engage in chain letters, unsolicited emailing or spamming via our tools;
• Impersonate any person or entity; or
• Interrupt or attempt to interrupt the operation of this Web Site in any way.

You agree that if you breach any of the restrictions in these Terms of Use, we are likely to suffer significant damage as well as harm that cannot be adequately compensated by the payment of money such that we would be entitled to an urgent interlocutory injunction to prevent further harm as well as the payment of the payment of damages and declaratory and injunctive relief.

No Information from this Web Site or any Web Site owned, operated, licensed or controlled by us may be used, copied, sold, reproduced, transmitted, published, adapted, uploaded, posted, transmitted, modified or distributed in any way without the written permission of us. You may download material displayed on this Web Site for your personal use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use Information on this Web Site for public or commercial purposes without the written approval of us.

PRICING of products

All prices of vehicles on the Website are indicative and should be treated as an invitation to treat only. Pricing is the driveway price including on road costs such as registration and CTP insurance unless specified otherwise such as ECG (ex-government charges) or POA (price on application). There may be a delay in new pricing being uploaded to the Website. Always obtain confirmation on pricing from the Dealer. All prices are subject to change at the discretion the Dealer.

Limitation of Liability

General
No part of these Terms of Use excludes, restricts or modifies any condition or warranty implied into these Terms of Use or any liability imposed on us by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)) if to do so would contravene such law or make any part of these Terms of Use void.

Exclusion and limitation

To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these Terms of Use. If any statute implies terms into these Terms of Use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of us for the breach of any such term will be limited to the minimum remedy.

Liability of us (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Web Site. In no circumstances will we, our subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Web Site be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the Information and functions on this Web Site or any linked Web Site, even if we or our authorised representative has been expressly advised of the possibility of such damage. We exclude liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Web Site or any linked Web Site, even if we or an authorised representative of us has been expressly advised of the possibility of such damage.

Indemnity

You agree to indemnify, defend and hold harmless us, our officers, employees and directors from any claim, loss, liability, demand or expenses (including legal costs on an indemnity basis) asserted by any third party due to or arising from or in connection with your use of the Information of the Web Site, or your conduct on this Web Site, or messages posted or transmitted by you on or through the Web Site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Damage and viruses

We will not be liable for any damage to, or viruses that may infect, your computer equipment or other property because of access to, use of, or browsing this Web Site or your downloading of any Information from this Web Site.

Errors

We do not warrant that the functions contained in the Web Site materials will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this Web Site in terms of their correctness, accuracy, reliability, or otherwise. We do not warrant the reliability of any advice, opinion, statement or other information displayed on this Web Site. The information and descriptions contained on this Web Site are not intended to be complete descriptions of all terms, exclusions and conditions applicable to our products and services, but are provided solely for general informational purposes. We reserve the right, in our sole discretion, to correct any errors or omissions in any Information of the Web Site. We do not warrant nor represent that your use of Information on this Web Site will not infringe any rights of third parties not owned by or affiliated with us.

Third party Web Sites

This Web Site may be linked to other web sites that are not maintained by us. We are not responsible for the content of those web sites. If you use these web sites, you will be directed to leave this Web Site. If you do decide to visit any linked web site, you do so at your own risk and understand that it is your responsibility to take all protective measures against viruses or other destructive elements. The inclusion of any link to such web sites does not imply approval or endorsement by us of such web sites or the content thereof. We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Web Site is linked.

Trademarks and Copyright

The trademark ‘ADME’ and all associated trademarks, trade names, logos, and icons are the legal property of ADME, unless otherwise noted. The trademarks of the Dealer and all associated trademarks, trade names, logos, and icons are the legal property of the Dealer, unless otherwise noted. Nothing contained on this Web Site should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Web Site without the written permission of ADME or the Dealer or such third party that may own the trademarks displayed on this Web Site. Your use of the trademarks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited. Images displayed on this Web Site are either the property of, or used with permission by, ADME or the Dealer. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by us in writing. Any unauthorised use of the images may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Privacy

We take your privacy seriously and are committed to ensuring that your privacy is maintained at all times.

To meet your expectations about privacy, we comply with the Australian Privacy Principles contained in the Privacy Act 1988 (‘Privacy Act’). A copy of the Australian Privacy Principles may be obtained from the website of the Office of the Federal Privacy Commissioner at https://www.oaic.gov.au/.

WHAT IS PERSONAL INFORMATION

Personal information is information about you, such as your name and address. Personal information may also include your purchases, financial information and preferences.

For each visitor to reach our website, we collect the following non-personally identifiable information, including browser type, version and language, operating system, pages viewed while browsing our website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you access our website.

HOW IS PERSONAL INFORMATION COLLECTED

At all times we try to only collect the information we need for the function or activity we are carrying out.

The main way we collect personal information is when you give it to us directly, including:

• When you purchase our products or services;
• When you discuss the potential purchase or our products or services with our team;
• When you access materials on the Web Site

The personal information collected includes your name, address, email address, telephone number and purchase history.

HOW WE USE YOUR PERSONAL INFORMATION

Your personal and sensitive information may be used in connection with:

• Communicating with you via email or telephone;
• Marketing our products or services to you;
• Ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and service evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing;
• Enforcing these Web Site terms or any other agreement with you;
• Otherwise delivering the products and services that you have requested from us and operating our business.

From time to time, we may use your personal information for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change some time in the future, we will use your personal information for these new purposes only, and data collected from the time of the policy change forward will adhere to our updated practices.

SHARING OF YOUR PERSONAL INFORMATION

We do not share your personal information, except as required to manage our business, deliver our products and services to you, or to comply with legal requirements. This means that we may disclose your personal and sensitive information to:

• Our insurers;
• A Professional Association or Registered Body that has a proper and genuine interest in your personal information;
• Our contractors and suppliers – (inclusive of our IT contactors and database designers);
• Any person with lawful entitlement to obtain the information.

We may occasionally hire other organisations or individuals to provide services on our behalf, including to deliver marketing services and process financial transactions. Those organisations or individuals will be permitted to obtain only the personal information they need to deliver the relevant service. We take reasonable steps to ensure that these organisations and individuals are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

We may share aggregate and non-personal information we collect about you with other organisations or individuals as part of our normal business operations, including advisors, suppliers, and investors. In these circumstances, all personally identifiable information is removed from our data.

We do not rent, lease or in any other way provide your personal information to other organisations or individuals for marketing purposes.

DIRECT MARKETING

We will not direct market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications or unless you have otherwise consented to direct marketing. If you do not want to receive such offers from us or do not want us to disclose your personal information to our related entities for marketing purposes, you can opt out at any time by contacting us using our contact details provided below. We do not use or disclose sensitive information for the purposes of direct marketing.

SOCIAL MEDIA

We may also, from time to time, use social media platforms to deliver targeted advertisements to you or others who we consider may be interested in our products or services. For example, we may aggregate your email address together with the email addresses of others, locally hash such data, and transmit the resulting hashed data to third parties including but not limited to Facebook for the purpose of creating “Custom Audiences” (where targeted advertisements are sent to people on Facebook who have already been on our website), and “Lookalike Audiences” (where targeted advertisements are sent to people on Facebook who have similar characteristics to people on our customer list).

ELECTRONIC COMMUNICATIONS

The Spam Act 2003 prohibits us from sending you any commercial electronic communications, such as texts and emails containing marketing offers, without your consent.

So, in line with our commitment to technology (but within the parameters of the law), we like to accommodate customers who want to be contacted electronically. We might send you communications for any of the purposes mentioned above.

When we collect your personal information, we might ask you for your mobile phone number or email address. When you provide these details, we will also request your consent for us to use these details for commercial electronic communications. Whenever such messages are sent, we will always provide you with the option of opting out of receiving similar communications in the future within the message.

COOKIES

A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies and other similar technologies on our website and may use them to recognize you when you return to our website.

We may use Google to collect and store information generated by cookies when you visit our Website. If we use Google (Google Analytics) such information is stored on Google’s servers in the United States and is used for the purpose of maintaining and improving our website and enhancing your browsing experience.

You may set your browser so that it does not accept cookies or use Google Analytics.

PROVIDING LIMITED INFORMATION

Should you choose not to provide us with information, including personal information, we ask from you, this will limit our ability to provide you with our products and services.

HOW DO WE PROTECT THE SECURITY OF YOUR INFORMATION

We will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. This includes taking appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorised access and disclosure. For example, your personal information is stored in secure offices and in computerized and encrypted databases which can only be accessed by authorised employees for permitted business functions. No system can be completely secure however, and while we take all reasonable steps to secure your personal information, we do not promise, and you should not expect that your personal information or communication with us will always remain secure. If there is a notifiable data breach, we will take all reasonable steps to notify you if your personal information is involved in an eligible data breach that is likely to result in serious harm.

We encourage you to take care with how you handle and disclose personal information and avoid sending personal information through unsecure email.

GAINING ACCESS TO YOUR INFORMATION

The Privacy Act outlines your right to request and view all personal and sensitive information that we hold about you. If you believe that personal or sensitive information that we hold about you is not accurate, complete and/or up-to-date, you may request that is be corrected. We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible. If we refuse to give you access to, or correct, your information, we must notify you in writing setting out the reasons.

In the event that we are unable to agree that your personal or sensitive information is not accurate, complete and/or up to date, we will ask you to provide a formal statement stating your claim of inaccuracy. If you wish to exercise your rights of access and correction, please contact your consultant or company representative. If we refuse to correct your personal or sensitive information, you can also ask us to associate with it (for example, attach or link) a statement that you believe the information is incorrect and why.

If we make a correction and we have disclosed the incorrect information to others, you can ask us to tell them about the correction. We must do so unless there is a valid reason not to.

If you are no longer a customer of ours, we may still retain certain information associated with your account for record keeping integrity, and to comply with legal requirements.

HOW TO MAKE A COMPLAINT

If you wish to complain to us about how we have handled your personal information, you should complain in writing. If you need help lodging a complaint, you can contact us.

• Telephone: 03 94466 5855
• E-mail: reception@northernmotorgroup.com.au
• Mail: 1A The Concord Bundoora, VIC 3083
• Website: northernisuzuute.com.au

If we receive a complaint from you about how we have handled your personal information, we will respond within a reasonable period of time and determine what action (if any) we should take to resolve the complaint.

CHANGES TO THESE TERMS OF USE

These Terms of Use may be revised to reflect changes in our practices, products and services. We reserve the right to make amendments to these Terms of Use at any time. When we make changes, we will revise the “Updated” date at the bottom of these Terms of Use. If you have any objections to our Terms of Use, you should not access or use our Web Site or other products and services provided by us.

Victoria

ADME and these Terms of Use are governed by the laws of the State of Victoria, Australia and you irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court sitting in Victoria.

Termination of these Terms of Use will not end those provisions that are capable of surviving the end of the Terms of Use.

Entire agreement

These terms of use constitute the entire agreement between us and you with respect to your use of this Web Site. Part or all of any provision in these terms of use that is illegal or unenforceable, will be severed from these terms of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to affect the original intent of these terms of use.

Interpretation

• Relationship: these Terms of Use do not create a relationship of employment, agency or partnership between the parties.
• Invalid Terms and Conditions: if a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms of Use are invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.
• Later Terms of Business: should you engage ADME or the Dealer to provide you with products or services and are subsequently provided with a Contract, Terms of Business or Terms and Conditions, those subsequent Contract, Terms of Business or Terms and Conditions shall apply and prevail to the extent of any inconsistency with these Terms of Use.