General
The Jack Casey Website is a service provided by the Jack Casey Motor Centre for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information, and
c) providing information and commercial services to Business Partners.
Jack Casey Financial Services information contained on this website is provided by Jack Casey Finance Team. Jack Casey Industrial Equipment information contained on this website is provided by Mazda, Mitsubishi and Toyota.
By accessing or otherwise using the Jack Casey Website you agree to be bound by these conditions of use and you acknowledge that Jack Casey provides the Jack Casey Website to you on these conditions of use. Jack Casey is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Jack Casey Website at any time without notice. Your continued use of the Jack Casey Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Jack Casey owns all intellectual property in the Jack Casey Website, unless indicated otherwise. Subject to these conditions of use, Jack Casey grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Jack Casey Website.
- Use information directly accessible through the Jack Casey Website.
You agree that, subject to your use of the Jack Casey Website in accordance with the limited licence granted to you, you will not infringe Jack Casey’s intellectual property in the Jack Casey Website and will not modify, copy, republish, frame, distribute or communicate any part of the Jack Casey Website or any information contained therein or otherwise use them in a way which will infringe Jack Casey’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Jack Casey Website is provided “as is” and without any warranty or condition, express or implied. Jack Casey does not warrant that the information contained in or accessible through the Jack Casey Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Jack Casey guarantee continuous, uninterrupted or secure access to the Jack Casey Website. You acknowledge that access and use of the Jack Casey Website (including the software operating in connection with the Jack Casey Website) may be interfered with by numerous factors outside of Jack Casey’s control. Jack Casey does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Jack Casey Website. Subject to the provisions of the Trade Practices Act 1974, Jack Casey makes no representations or warranties in respect of the information and materials available on the Jack Casey Website or the means of accessing that information and material (including the software operating in connection with the Jack Casey Website). Jack Casey makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Jack Casey which are or may become linked or framed to or from the Jack Casey Website. Jack Casey Financial Services information contained on this website is provided by Jack Casey Finance Australia Limited. Jack Casey Industrial Equipment information contained on this website is provided by Jack Casey Industries Corporation Australia Pty Limited.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Jack Casey Website, you agree that such Content will be available to Jack Casey to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
- infringes the intellectual or other proprietary interests of third parties; or
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Jack Casey considers to be inappropriate; or
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Jack Casey Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Jack Casey Website or otherwise breaches or encourages other users to breach these terms of use; or
- violates any law, statute or regulation; or
- forges information to disguise the origin of any Content; and
- encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Jack Casey a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Jack Casey is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Jack Casey Website, the use by Jack Casey of information provided by you to Jack Casey through the Jack Casey Website or any such loss or damage which may arise should you be unable to access the Jack Casey Website, for whatever reason and however arising, including negligence.
To the extent that Jack Casey is able to limit the remedies available under these conditions of use, Jack Casey expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Jack Casey’s sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
You indemnify Jack Casey against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these conditions of use; or
- any breach or inaccuracy in any of your representations or warranties.
Jack Casey Australia is not liable for content or functions on the Jack Casey Website provided by Jack Casey Finance Australia Limited and Jack Casey Industries Corporation Australia Pty Limited. Jack Casey Finance Australia Limited and Jack Casey Industries Corporation Australia Pty Limited are not liable for content or functions on the Jack Casey Website provided by Jack Casey Australia.
Links
You must not establish links on any other website to the Jack Casey Website or any other part or parts of the Jack Casey Website without the prior written consent of Jack Casey. If you would like us to link to your website, please contact to sign up to our Standard Linking Agreement.
Breach and termination
If you breach any provision of these terms of use Jack Casey may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Jack Casey Website. In any event, Jack Casey may terminate these terms of use (and your right to use the Jack Casey Website) at any time and for any reason without prior notice to you.
Choice of Law and Use of Jack Casey Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Queensland, Australia. Jack Casey has designed the Jack Casey Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Jack Casey Website outside the Commonwealth of Australia. The Jack Casey Website is available only to people in Australia who can form legally binding contracts under applicable law.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Jack Casey by these terms of use. |