Welcome to PrestigeWay.com.au
The following are the rules or terms and conditions (“Terms”) that govern the use of the PrestigeWay.com.au website (“Site”). By using or visiting the Site, you expressly agree to be bound by these Terms (as varied from time to time) and to abide by these Terms and all applicable laws and regulations governing the Site.
PrestigeWay IP Pty Ltd (“PrestigeWay”) owns and operates the Site and reserves the right to vary these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, PrestigeWay may terminate your use of this Site, cancel your advertisement and/or take appropriate legal action against you.
Advertisement Purchase Policy
Please review the Purchase Policy which will govern your purchase of advertising space through this Site.
Modification or Closure of the Site
PrestigeWay reserves the right in its sole and absolute discretion to change the design and content of any part of the Site from time to time without notice. Where any changes made by PrestigeWay are unacceptable to you, then you may terminate your advertisement with PrestigeWay by providing to PrestigeWay not less than thirty (30) days notice in writing of such termination. PrestigeWay may, at its sole discretion and without any liability to you, close down the Site, and if PrestigeWay chooses to do so, thirty (30) days notice to you will be given. In the event that the Site is closed down, you agree that you will not sue or make any claim as against PrestigeWay, its officers, employees or agents whatsoever, and that PrestigeWay will not be liable to you for any reason.
Links for Third Party Sites
This Site may contain links to websites operated by parties other than PrestigeWay. PrestigeWay accepts no responsibility for the content of any site linked to or from the Site. If PrestigeWay provides links on the Site to other websites, such links are provided for your reference only and PrestigeWay does not control such websites, and is not responsible for their content. The inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with the operators by PrestigeWay. Any use by you of any third party hyperlink found on this Site is entirely at your own risk.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to PrestigeWay that you will not use this Site for any purpose that is unlawful or prohibited by these Terms.
Any illegal or unauthorised use of the Site shall constitute a violation of these Terms. You do not have the permission to access the Site in any way that violates, or in the course of using this Site, violates these Terms. PrestigeWay accepts no responsibility, and will not be liable for, any damage to, or virus that may infect, your computer equipment or other property due to your access to, or use of the Site, or due to you downloading any material, data, text, images, video or audio from the Site.
To the extent permitted by law, PrestigeWay disclaims all warranties with regard to the information, applications, software, products (if any) and services contained on the Site and your use of the Site, including any implied warranty of merchantability or fitness. In no event shall PrestigeWay, its contractors, agents, or employees be liable for any loss, costs, expense or damages whatsoever (including, but not limited to, special, indirect, consequential or incidental damages, damages for loss of profits, business interruption and loss of, or unauthorised access to, information) arising out of or in connection with the use or performance of the Site, the placement of the advertisement or the negligence of PrestigeWay, its officers, employees or agents, whether in contract, at common law or in equity, or on any other basis even if PrestigeWay has been advised of the possibility of such damages.
These Terms do not exclude warranties or conditions which PrestigeWay cannot by law exclude, including those warranties implied by the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 or by similar State or Territory legislation, which cannot be excluded. These Terms do not exclude any liability which any law requires PrestigeWay to accept. If PrestigeWay becomes liable for any breach of any such condition or warranty, PrestigeWay’s liability shall be limited at its option, to one or more of the following:
- the supply of the services again; or
- payment of the cost of having the services supplied again.
PrestigeWay does not consign motor vehicles nor is it involved in any part of the sale process in respect of any vehicle advertised by you on the Site. The Site is a medium for advertising only.
Accessibility and Disclaimer
This Site and the materials displayed on it may not be accessible from time to time due to an act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, or lack of telecommunications equipment or facilities and failure of information technology or telecommunication equipment or facilities. You agree that you will not hold PrestigeWay liable for any such act of God or force majeure event, and you hereby release PrestigeWay from any claim, liability or responsibility arising from such an act of God or force majeure event.
PrestigeWay does not promise or warrant that the site will be error-free or uninterrupted. The Site and its contents are delivered to you on an ‘as is’ and ‘as available’ basis only. You acknowledge and accept that the information contained on this Site may include technical inaccuracies. You acknowledge and accept that the Site information is subject to change at any time and may not necessarily be up to date or accurate at the time you view it. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.
Copyright and Trademark Notices
Subject to the below paragraph, the materials displayed on this Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of PrestigeWay are protected by copyright, trademark and other intellectual property laws. Any such content may be copied and/or printed solely for your personal, non-commercial use only.
Any material, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials and names, logos and trademarks which appear on the Site that is not the property of PrestigeWay, is the property of its respective owners and PrestigeWay has obtained permission to display those items of this Site. Permission obtained does not extend to users or viewers of this Site and you are expressly denied consent to sell, transmit, circulate, display or forward to third parties, in whole or in part, any such content.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of PrestigeWay. Unless such consent is provided, PrestigeWay does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this Site or in the user interface of this Site.
Not to Provide Inaccurate or Deceptive Information
As a condition of the use of this Site, you agree that you will not provide inaccurate or deceptive information when completing forms and using this Site. You represent and warrant that all information you provide will be true, complete and correct and you also acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement agencies and may provide them with all information you submit to us to assist in any investigation or prosecution that they may conduct. By entering this Site, you agree to indemnify and hold harmless PrestigeWay for any damage, loss, costs or expenses that PrestigeWay may suffer if any of your information supplied is incorrect or untrue.
Login and Password
A password or login (if any) issued by PrestigeWay to you for use on the Site shall be your responsibility and must be kept confidential at all times. You agree to immediately notify PrestigeWay should your login or password be used without your authorisation. You agree that PrestigeWay is not responsible and shall not be held liable for any loss, damage or inconvenience caused by your failure to keep your password and login confidential. PrestigeWay is entitled to assume, and you fully indemnify PrestigeWay for any such assumption, that information provided to PrestigeWay using your password and login is accurate.
These Terms are governed by and construed in accordance with the law of the State of Queensland, Australia. By accessing and using this Site, you expressly submit to the exclusive jurisdiction of the Courts of the State of Queensland. If any one of these Terms is found to be invalid or unenforceable by a Court, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and have full effect.
Violation of these Terms
Any violation of these Terms, including any unauthorised or unlawful use of this Site, may be investigated, reported to law enforcement authorities and appropriate legal action may be taken against you by PrestigeWay. This legal action includes, without limitation, any civil, criminal or injunctive remedy available to PrestigeWay.
You agree to indemnify and hold harmless PrestigeWay and its officers, agents, employees, contractors and principals, from or in respect of any loss, liability, cost (including legal costs on a “solicitor and client”/indemnity basis), expense, damages (including pure economic loss), cause of action, claim or demand suffered or made (as the case may be) by any person at any time connected with or arising out of any breach of these Terms or your use of the Site, including also your use of the Site to upload content or other information to the Site or your access to a third party site from the Site.
All Rights Reserved
Any rights not expressly granted within these Terms are reserved by PrestigeWay.