4. The information contained in My Subaru is presented as a general guide only, including but not limited to, Subaru products, accessories, services and merchandise. Every effort has been made to ensure that the information on My Subaru is correct and up to date, however, Subaru does not provide any warranties as to the completeness or accuracy of the information and, subject to applicable laws, does not accept liability for damages of any kind resulting from the access, reliance or use of the My Subaru website and its contents.
5. Subaru reserves the right to discontinue or change any of the content or other information shown or referred to on My Subaru at any time and without notice.
6. Some items shown or referred to on My Subaru may only be available as an option at extra cost. Some images shown on My Subaru may be of concept or overseas models. Always consult your authorised Subaru Retailer for the latest information about a Subaru product, its specifications and its availability before placing an order.
Intellectual Property And Restrictions On Use Of Material On My Subaru
7. Some of the content on My Subaru is compiled and/or supplied by third parties. All copyright (and where applicable, trademarks) in information, data, text, material, content, logos, graphics, images, video and software (the "Material") on My Subaru are vested in Subaru, related bodies corporate of Subaru, their suppliers and/or licensors (the "Affiliates") unless expressly indicated otherwise. The Material is protected by Australian and international © copyright and trademark laws.
Use of My Subaru
10. You may not use My Subaru in order to communicate, transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful or to communicate, transmit, distribute, store or destroy material:
(a) in violation of any applicable law, regulation or applicable codes or standards; or
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others (including but not limited to the intellectual
property rights of Subaru) or violate the privacy, publicity or other personal rights of others; or
(c) in a manner that may adversely impact upon the commercial reputation of Subaru or its Affiliates.
11. You are prohibited from violating or attempting to violate the security of My Subaru, including, without limitation:
(a) accessing data not intended for You or logging into a server or My Subaru account which You are not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or My Subaru or to breach security or authentication measures without proper authorisation;
(c) attempting to interfere with My Subaru, including, without limitation, by submitting a virus to My Subaru, overloading, 'flooding', 'spamming', 'mailbombing' or
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
12. You must not copy or adapt the HTML code that Subaru creates to generate the My Subaru web pages. You must not, nor may You attempt to, reverse engineer, reverse compile or reverse assemble any software on or related to My Subaru.
13. Violations of system or My Subaru security will result in You being permanently barred from My Subaru and may result in civil or criminal liability.
Customer ID Number and Password
14. You will be able to set up your account on My Subaru when Subaru provides You with a username and password. You are responsible for maintaining the confidentiality of Your username and password. You will be responsible for all uses of Your registration, whether or not authorised by You.
15. You must immediately notify Subaru of any unauthorised use of Your username or password as soon as You become aware of it.
16. Subaru reserves the right to withdraw or change usernames and passwords without prior notice, and in its absolute discretion.
17. Subaru and its Affiliates make no representations about the accuracy, reliability, completeness, or timeliness of the contents of My Subaru or the Material. Your use of My Subaru or the Material is entirely at Your own risk.
18. Subaru and its Affiliates are not in the business of providing professional advice and make no guarantee and give no warranty about the content of My Subaru or any Material.
19. The Competition and Consumer Act (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on You in relation to the provision by Subaru of goods or services on My Subaru which cannot be excluded, restricted or modified ('Non-excludable Rights'). To the fullest extent permitted by law, Subaru and its Affiliates exclude all conditions and warranties implied or imposed by custom, law or statute.
20. To the fullest extent permitted by law, the liability of Subaru and its Affiliates for breach of any implied warranty or condition which cannot be excluded, is limited to the following remedies, which may be selected, at the option of Subaru or the relevant Affiliate (as the case may be) to the following:
(a) in the case of services supplied or offered by Subaru or the Affiliate;
(1) the supply of the services again; or
(2) the payment of the reasonable cost of having services supplied again; and
(b) in the case of goods supplied or offered by Subaru or the Affiliate;
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of such goods;
(3) the payment of the reasonable cost of replacing the goods or acquiring equivalent goods; or
(4) the payment of the reasonable cost of having the goods repaired.
21. Except as provided for by the Non-excludable Rights:
(a) neither Subaru or its Affiliates warrants that My Subaru will operate error-free or that My Subaru and its server are free of computer viruses, malicious code or other
(b) My Subaru and all Material are provided 'as is' and without warranties of any kind by any person, either express or implied;
(c) each of Subaru and its Affiliates and their respective suppliers expressly disclaims all warranties of any kind;
(d) neither Subaru nor its Affiliates warrant that any defects will be corrected;
(e) neither Subaru nor its Affiliates warrant or make any representations regarding Your access to, or the results of Your access to, My Subaru (including any related or
linked Websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and You (and not Subaru or the Affiliates) must
assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Material.
22. If Your use of My Subaru or the Material results in the need for servicing or replacing equipment or data, neither Subaru nor its Affiliates are responsible for those costs.
23. You understand and agree that the Material and/or data downloaded or otherwise obtained through the use of My Subaru is downloaded or obtained at Your own discretion and risk and that You will be solely responsible for any damage resulting from reliance on its content or other use, including but not limited to damage to Your computer system or loss of data that results from the download of such Material and/or data.
24. Under no circumstances (including but not limited to any act or omission on the part of Subaru or any Affiliate) will Subaru or any Affiliate of Subaru be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, My Subaru or the Material, including but not limited to losses that arise from the negligence of Subaru or the Affiliate.
26. You further agree:
them for a breach by You; and
(b) that in addition to any other remedy which may be available at law or in equity to Subaru or its Affiliates, Subaru or its Affiliates are entitled to seek injunctive relief
Termination Of Use
29. Subaru are bound by the Privacy Principles contained in the Privacy Act 1988 (Cth) (‘Privacy Act’) (as amended from time to time) that require Subaru to handle your personal information responsibly. ‘Personal Information’ is defined within the Privacy Act as “information or an opinion about an individual that can be used to identify that individual”.
30. The primary purposes for which Subaru collects Your personal information include:
(a) To provide and market our products and services;
(b) To inform you of our special offers and events and to facilitate and process your acceptance order of any special offers, products and services;
(c) To create a better, more personalised experience with Subaru for you; and
(d) To help us manage and enhance our products and services.
31. If you have a concern with the collection or use of Your personal information, You can notify Subaru of your concern, make a complaint, obtain redress or pursue dispute resolution by simply contacting the Privacy Officer at firstname.lastname@example.org
Facsimile: (02) 8892 9120
Subaru (Aust) Pty Limited
PO Box 8311
Baulkham Hills NSW 2153.
Miscellaneous Terms and Conditions
35. All rights not expressly granted herein are reserved.