1. INTRODUCTION
1.1 The AutoReviewa Platform and the Services made available through the Website are owned and operated by Autoreviewa Pty Ltd (ACN 169 963 017) (AutoReviewa, our, us or we).
1.2 By using, browsing or accessing the AutoReviewa Platform and the Services, you acknowledge that you have read, understood and accept these AutoReviewa User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the AutoReviewa Platform and the Services.
1.3 In this agreement, you and your means the individual who accesses or uses the AutoReviewa Platform and the Services, and whose details are listed in the Order (and includes anyone acting on your behalf or with your express or implied authority).
2. AUTOREVIEWA PLATFORM
2.1 The AutoReviewa Platform is an online portal through which users can:
(a) select and purchase motor vehicle and motorcycles displayed or listed for sale by Dealers at a discounted price on, or via, the AutoReviewa Platform (Vehicles);
(b) be introduced to financial service providers, lenders and/or insurers for the purpose of funding the purchase of a Vehicle and/or insuring the Vehicle;
(c) trade-in their used motor vehicle and motorcycle; and/or
(d)be introduced to motor vehicle service and repair providers,
(collectively, the Services).
2.2 AutoReviewa are not Dealers, financial services providers, asset finance lenders, insurers, underwriters or motor vehicle service and repair providers, and we are not providing motor vehicle dealership services, financial products or services, insurance products or services or motor vehicle repair services. AutoReviewa Platform is a mere conduit or portal for introducing Dealers, asset finance lenders, financial service providers, insurers and motor vehicle service and repair providers to users who wish to purchase, insurer or finance the purchase of a Vehicle or trade-in or repair a motor vehicle or motorcycle. Our role in providing you with access and use of the AutoReviewa Platform and the Services should be construed strictly in this context only.
2.3 By accessing and using the AutoReviewa Platform, we grant you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to access and use the AutoReviewa Platform and the Services for the Term.
2.4 You must only use the AutoReviewa Platform and Services for personal and non-commercial purposes, unless we otherwise agree in writing. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. TERM
This agreement will commence on the date you access the AutoReviewa Platform (Commencement Date) and shall continue until terminated in accordance with clause 14 (Term).
4. ACCESS
4.1 To access and use the AutoReviewa Platform and the Services, you must complete and submit an Order.
4.2 To submit an Order on, or via, the AutoReviewa Platform, you:
(a) will be required to provide, and keep us up-to-date with, accurate registration information and Personal Information (including full name or username, email address and CostCo Membership Number). All Personal Information as well as the information you provide to submit an Order is subject to our Privacy Policy; and
(b) must be over 18 years of age, and legally able to enter into contractual relations. If you are under the age of 18 years, you may only access and use the AutoReviewa Platform and Services if you have your parents’/guardians’ permission to access and use the AutoReviewa Platform and Services. Your continued use of the AutoReviewa Platform constitutes an acknowledgement by you that you are: (i) over 18 years of age; or (ii) under 18 years of age, but have your parents’/guardians’ permission to access and use the AutoReviewa Platform and Services and that your parents/ guardians have agreed to abide by this agreement.
4.3 You are responsible for:
(a) keeping your registration information current, complete, accurate, and truthful. You must not impersonate another user of the AutoReviewa Platform or CostCo Member or provide false identity information to gain access to or use the AutoReviewa Platform or the Services;
(b) notifying us in writing of any unauthorised access to, or use of, the AutoReviewa Platform by any person using your registration information; and
(c) for all activities or transactions that occur using your CostCo Member Number.. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your registration information CostCo Membership Number.
5. YOUR OBLIGATION
5.1 When accessing and using the AutoReviewa Platform and the Services, you must at all times:
(a) obtain and maintain all hardware, software and communications equipment necessary to access, and use, the AutoReviewa Platform and the Services;
(b) comply with all Relevant Laws with respect to your obligations under this agreement; and
(c) comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the AutoReviewa Platform from time to time.
5.2 AutoReviewa Platform will not be liable to you or anyone else if, for any reason, the AutoReviewa Platform and the Services are unavailable at any time or for any period. From time to time, AutoReviewa may suspend or restrict access to all, or some parts of the AutoReviewa Platform and the Services. You are responsible for making all arrangements necessary for you to download, access and use the AutoReviewa Platform and the Services.
5.3 To proceed with the purchase of a Vehicle, you must:
(a) complete and submit an Order on, or via, the AutoReviewa Platform;
(b) pay a refundable Deposit to AutoReviewa;
(c) accept by return email to us the Vehicle Quote sent to the email address listed in your Order (including any terms and conditions of purchase provided by the Dealer as part of the Vehicle Quote) (Confirmed Order), which once accepted by you is irrevocable; and
(d) pay the Dealer the full purchase price (less the Deposit) for the Vehicle.
6. RESTRICTIONS
You must not:
(a) introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the AutoReviewa Platform;
(b) violate any AutoReviewa IP or any Dealer or third party service provider’s Intellectual Property Rights;
(c) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the AutoReviewa Platform, or any other third party software that you may access or use through the AutoReviewa Platform, in any way;
(d) access all or any part of the AutoReviewa Platform and/or the Services in order to build a product, service or code which competes or reproduces the AutoReviewa Platform and/or the Services (in full or part);
(e) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the AutoReviewa Platform in any way, or otherwise learn the source code or algorithms underlying the AutoReviewa Platform;
(f) license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the AutoReviewa Platform and the Services available to any third party; and
(g) use the AutoReviewa Platform or the Services for any unlawful purpose or other purpose not authorised by AutoReviewa in writing.
7. PAYMENT
7.1 We do not charge you a fee to access and use the AutoReviewa Platform and Services. However, if you wish to source a quote to purchase a Vehicle you must pay a deposit to AutoReviewa on, or via, the AutoReviewa Platform in the amount specified on the Website (Deposit) at the time you submit your Order. The Deposit is payable in Australian Dollars and is exclusive of any goods and services taxes, which is payable in addition.
7.2 By making payment of the Deposit or any other amount owing to AutoReviewa under the agreement, you will provide AutoReviewa with accurate and complete billing information, and you authorise AutoReviewa to access your billing information (including Personal Information) for the purpose of processing your payment.
7.3 Any Order lodged by you on or via, the AutoReviewa Platform for a Vehicle will not constitute a legally binding agreement until:
(a) you have received written confirmation from AutoReviewa that the Vehicle is available to be purchased and the purchase price for the Vehicle (Vehicle Quote); and
(b) we have received a Confirmed Order from you..
7.4 Once the Dealer has received the Confirmed Order from you, the Dealer will contact you to arrange for:
(a) payment of the purchase price for the Vehicle (less Deposit); and
(b) collection or delivery of the Vehicle to you.
7.5 You must pay the Dealer the full purchase price for the Vehicle (less the Deposit) before you are permitted to collect the Vehicle from the Dealer or before delivery of the Vehicle is made to your nominated address (as the context permits). If you require finance to fund the purchase of the Vehicle or motor vehicle insurance, we can introduce you to Third Party Providers who may be able to assist you.
7.6 If you decide not to proceed with a Vehicle Quote, we will provide you with a full refund of the Deposit within 14 days of receiving written notice from you that you do not wish to proceed with the Vehicle Quote. The Deposit will be refunded into the same bank account you provided to us in your Order.
1.1 AutoReviewa may, at our absolute discretion and without notice to you, change the payment methods that can be used to pay the Deposit at any time.
1.2 AutoReviewa may increase the Deposit required to obtain a Vehicle Quote or charge additional fees to access new functions or features of the AutoReviewa Platform at any time upon 21 days’ written notice to you. If you do not agree to these fee increases, you may at any time cease using the AutoReviewa Platform. If you continue to use the AutoReviewa Platform and Services after the fee increase has come into effect, you are assumed to have agreed to the fee increase.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge that AutoReviewa, or its licensors, are the owners of the AutoReviewa Platform (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the AutoReviewa Platform and the Services (including any modifications, enhancements of the foregoing) (collectively, AutoReviewa IP)). Accessing and using the AutoReviewa Platform and the Services does not give you (or anyone else) ownership of, or any right, title or interest in AutoReviewa IP.
8.2 You grant AutoReviewa a worldwide, non-recoverable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, the information contained in your Order (including your Personal Information) for any purpose, including for the purpose of:
(a) enabling AutoReviewa to provide the AutoReviewa Platform and the Services and otherwise perform its obligations and exercising its rights under this agreement;
(b) informing the user of other products or services that AutoReviewa may offer from time to time or in relation to Third Party Products and Services;
(c) complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
(d) using usage patterns, trends, and other statistical or behavioural data derived from use of the AutoReviewa Platform and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the AutoReviewa Platform, or our other products and services; and
(e) sharing your Order with an Affiliate, Dealers or other third party (with whom AutoReviewa may contract or be affiliated with from time to time) for the purposes of performing or improving the AutoReviewa Platform and/or the Services.
9. OUR OBLIGATIONS
9.1 Subject to your compliance with the terms of this agreement, during the Term, AutoReviewa shall use reasonable endeavours to provide you with access to and use of the AutoReviewa Platform and the Services.
9.2 The undertaking in clause 9.1 shall not apply in the event of:
(a) any non-conformance which is caused, or contributed, by use of the Services and the AutoReviewa Platform contrary to our instructions or the terms of this agreement;
(b) modification or alteration of the Services and the AutoReviewa Platform by any party other than AutoReviewa Platform or its duly authorised Personnel;
(c) the unsuitability or malfunction of the computer hardware or computer software used by you in conjunction with which the AutoReviewa Platform and the Services are used;
(d) Force Majeure Events; and
(e) the unsuitability or malfunction of the Services when used in conjunction with any software, apps, applications and tools supplied by a third party provider.
9.3 In the event that AutoReviewa fail to provide you with access and use of the AutoReviewa Platform and the Services in accordance with clause 9.1, AutoReviewa shall use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 9.1.
10. THIRD PARTY PRODUCTS AND SERVICES
10.1 You acknowledge that the AutoReviewa Platform and Services may require you to use or access Third Party Products and Services and that you do so solely at its own risk.
10.2 We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.
10.3 AutoReviewa recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.
10.4 Except as otherwise stipulated in this agreement, AutoReviewa does not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the AutoReviewa Platform and Services. It your sole responsibility to determine that specific products or services, meet your business and are suitable for the purposes for which they are used.
10.5 Any rights you may have to access Third Party Products and Services shall be limited to:
(a) the extent of AutoReviewa’s ability to pass on such rights to you; or
(b) the relevant third party licensor terms.
11. NO WARRANTIES
11.1 You acknowledge that AutoReviewa are not Dealers, financial services providers, asset finance lenders, insurers, underwriters or motor vehicle service and repair providers, and we are not providing motor vehicle dealership services or motor vehicle repair services, financial services, financial products or insurance products or services.
11.2 You agree to make your own enquiries to verify the accuracy, completeness or currency of any Content, Third Party Content and other information displayed on, or via, the AutoReviewa Platform (including Third Party Products and Services) and to assess the suitability of any information, Content or Third Party Content before relying upon such information, Third Party Content or Content. If you choose to rely upon any information, Third Party Content or Content displayed or published on, or via, the AutoReviewa Platform and/or the Services (including Third Party Products and Services) you do so at your own risk. We make no representations or warranties that:
(a) use of the Content, Third Party Content and Third Party Products and Services will not infringe any third party’s Intellectual Property Rights; and
(b) the Vehicles displayed or listed on the AutoReviewa Platform are in stock or available at the purchase price displayed on, or via, the AutoReviewa Platform.
11.3 To the maximum extent permitted by Relevant Laws, AutoReviewa exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the AutoReviewa Platform and the Services.
11.4 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 Competition and Consumer Act 2010 (Cth) or any other international, national, State or Territory legislation where to do so is unlawful.
11.5 You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, AutoReviewa make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity or security of the AutoReviewa Platform and the Services (or any Content, Third Party Content and Third Party Products and Services purchased by you or made available through the AutoReviewa Platform and Services) and AutoReviewa will not be liable if the AutoReviewa Platform or the Services, or becomes unavailable for any reason, including directly, or indirectly as a result of:
(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent, malicious, willful acts or omissions of third parties (including third party service providers) or other users;
(c) maintenance or repairs carried out by AutoReviewa or any third party service provider in respect of any of the systems used in connection with the provision of the Services or the AutoReviewa Platform;
(d) services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
(e) a Force Majeure Event.
11.6 You acknowledge that, to the maximum extent permitted by Relevant Laws, AutoReviewa do not make any warranty or representation that:
(a) your access to, and use of, the AutoReviewa Platform and the Services will be uninterrupted, virus-free or error-free; and/or
(b) the AutoReviewa Platform and the Services (or any Content, Third Party Content and/or Third Party Products and Services), will be accurate, complete, reliable, current or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.
11.7 You acknowledge that your access to, and use of, the My AutoReviewa Platform and Services (including Third Party Content, Content, Third Party Products and Services) may be interrupted or unavailable during scheduled or unscheduled maintenance.
12. LIMITATION OF LIABILITY
12.1 To the maximum extent permitted by Relevant Laws, AutoReviewa will not be liable to you or any third party for:
(a) any Claims or Losses (including Consequential Loss); or
(b) loss of, or damage to, any property or any personal injury, illness or death to you, any third person,
arising out of, relating or connected to, the provision or use of the AutoReviewa Platform and Services (including Content, Third Party Content and/or Third Party Products and Services purchased or made available to you through the AutoReviewa Platform or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
12.2 All risk in using the AutoReviewa Platform and the Services passes to you upon using the AutoReviewa Platform and the Services (whichever is earlier). AutoReviewa assume no responsibility and AutoReviewa have no liability to you or anyone else for any use of, or reliance on, any Content, Third Party Content and/or Third Party Products and Services purchased by you or obtained from your access to, and use of, the AutoReviewa Platform and the Services.
12.3 To the maximum extent permitted by Relevant Laws, under no circumstances will AutoReviewa Platform’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Deposit you paid to AutoReviewa under this agreement.
12.4 You agree to defend, indemnify and hold AutoReviewa Platform, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
(a) your access to, and use of, or reliance on the AutoReviewa Platform or the Services (including the Content, Third Party Content and Third Party Products and Services);
(b) any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or
(c) any breach by you of this agreement.
13. PRIVACY
All Personal Information you provide when submitting or posting an Order on, or via, the AutoReviewa Platform is subject to AutoReviewa’s Privacy Policy, which is incorporated into this agreement. AutoReviewa will not share, sell or disclose your Personal information to any third party, except to our Third Party Providers. You warrant that, in relation to any Personal Information contained within your Order or any other information disclosed to AutoReviewa on, or via, the AutoReviewa Platform:
(a) it has been collected in accordance with Privacy Laws;
(b) you have the authority to upload, post, publish or otherwise transmit such information on, or via, the AutoReviewa Platform; and
(c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for AutoReviewa to use, disclose, store, transfer, process or handle it.
14. TERMINATION
14.1 AutoReviewa may terminate the agreement any time (without liability to you) by giving you 24 hours written notice or 24 hours after posting that the agreement has been terminated on the AutoReviewa Platform.
14.2 You agree that AutoReviewa may, at any time and at its sole discretion, with or without cause or any notice to you, reject your Order or terminate, suspend or block your access to (either temporarily or permanently):
(a) the AutoReviewa Platform and/or Services; and/or
(b) any social media pages or websites linked to its business or the AutoReviewa Platform; and/or
(c) any other products and services offered on, or via the AutoReviewa Platform (including Third Party Products and Services).
14.3 Cause for such suspension or termination under clause 14.3 may include, but are not limited to:
(a) any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;
(b) you cease to be a CostCo Member for any reason;
(c) serious or repeated breaches or violations of AutoReviewa’s or a third party service providers’ Intellectual Property Rights;
(d) your activities, conduct or transactions on, or, via, the AutoReviewa Platform, brings, or has the capacity to bring, AutoReviewa into disrepute;
(e) requests by law enforcement or other government agencies.
14.4 You agree that all such suspensions or terminations shall be made at AutoReviewa’s sole discretion and that AutoReviewa shall not be liable to you or any third party for any such suspension or termination.
15. EFFECT OF TERMINATION
15.1 On termination of this agreement for any reason:
(a) AutoReviewa Platform will reject any pending Orders and all your Orders will be permanently and securely destroyed; however, AutoReviewa will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws; and
(b) all licences to use the Services and rights of access to the AutoReviewa Platform granted under this agreement will immediately terminate.
16. FORCE MAJEURE
AutoReviewa will not be responsible to you (or anyone else) if AutoReviewa are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).
1. DISPUTE RESOLUTION
1.1 Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.
1.2 The parties must in good faith attempt to resolve any dispute between them.
1.3 If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.
1.4 Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.
17. UPDATES AND VARIATIONS
17.1 Without notice to you, AutoReviewa may, at our absolute discretion, from time to time:
(a) change, add or delete the functions, features, performance, or other characteristics of the AutoReviewa Platform; or
(b) apply or install updates to, or new versions of, the AutoReviewa Platform.
17.2 You acknowledge that the Content and Third Party Content on the AutoReviewa Platform are subject to change at any time and may be out of date at any given time. AutoReviewa are under no obligation to:
(a) update, correct or fix any Content, Third Party Content or errors in the AutoReviewa Platform; and/or
(b) notify you of any changes to the Content, Third Party Content or the AutoReviewa Platform unless required by a Relevant Law to do so.
17.3 Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the AutoReviewa Platform. Any changes are effective immediately upon posting to the AutoReviewa Platform. Your continued use of AutoReviewa Platform thereafter constitutes your acceptance of all such changes to the agreement.
17.4 Please read this agreement before using the AutoReviewa Platform as the agreement may have changed since the last time you accessed and used the AutoReviewa Platform. If you do not agree to any change, then you must immediately stop using the AutoReviewa Platform and the Services.
18. SEVERABILITY
If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.
19. RELATIONSHIP
No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.
20. ASSIGNMENT
Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign or transfer all or any of its rights or obligations under this agreement, except that AutoReviewa may assign, sell or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of AutoReviewa’s business.
21. ENTIRE AGREEMENT
This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).
22. JURISDICTION AND APPLICABLE LAW
The laws of the State of Queensland, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.
23. DEFINITIONS
In this agreement, the following words shall have the following meanings:
(a) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(b) AutoReviewa, our, us or we has the meaning in clause 1.1, and where the context permits, includes our Personnel and Affiliates.
(c) AutoReviewa IP has the meaning given to it by clause 8.1.
(d) AutoReviewa Platform means the software made available through the Website, and used by AutoReviewa to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the AutoReviewa Platform.
(e) Business Days means each day excluding Saturdays, Sundays and public holidays in Queensland.
(f) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
(g) Commencement Date has the meaning in clause 3.
(h) Confirmed Order has the meaning in cause 5.3(c).
(i) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the AutoReviewa Platform; and
(j) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement:
(i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
(ii) loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;
(iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
(iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
(k) CostCo Member means a person who holds a membership with CostCo Wholesale Australia Pty Ltd, and who has been issued with a CostCo Membership Number.
(l) CostCo Member Number means the unique membership number issued to CostCo Members.
(m) Dealers means a motor vehicle or motorcycle dealer or trader who is licensed or authorised under Relevant Laws to distribute, display, market, sell, purchase or exchange motor vehicles or motorcycles in Australia.
(n) Deposit has the meaning in clause 7.1.
(o) Force Majeure Event has the meaning in clause 16.
(p) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
(q) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
(r) Order means an online order submitted by you to purchase a Vehicle displayed for sale on, or via, the AutoReviewa Platform, and which includes your full name or username, email address, CostCo Membership Number, credit card or debit card details, and the make, model, colour and other details of the Vehicle you wish to purchase.
(s) Personnel means any director, officer, employee, contractor or agents, of a party (in your case, includes any person acting for or on your behalf)
(t) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(u) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
(v) Privacy Policy means our privacy policy available on the Website or such other web address notified by us to you from time to time), which is incorporated into this agreement.
(w) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
(x) Services has the meaning in clause 2.1.
(a) Term has the meaning in clause 3.
(y) Third Party Content means all data, content, materials and information (including text, images, graphics, logos, video and audio clips and links) that are provided by third parties or are identified as belonging to, or sourced from, Dealers and other third parties.
(z) Third Party Providers means a third party, including, but not limited to, Dealers, asset finance lenders, financial service providers, insurers, underwriters or motor vehicle service and repair providers.
(aa) Third Party Products and Services means any software, products, services, Vehicles or content (including all Intellectual Property Rights contained therein) that:
(i) are provided by Third Party Providers;
(ii) interoperate with the AutoReviewa Platform or Services; or
(iii) may be identified as third party products or services.
(bb) Vehicle has the meaning in clause 2.1(a).
(cc) Vehicle Quote has the meaning in clause 7.3(a).
(dd) Website means the website located at www.autoreviewa.com.au/autoconnect and any other website notified by us from time to time.
(ee) you or your has the meaning in clause 1.3.