Terms of Use
Please read these Terms of Use carefully before using this Web Site.
This web site, accessible at https://brightonsuzuki.com.au, as well as any Facebook, Twitter and LinkedIn sites
linked to this web site (collectively âWeb Siteâ) are owned and operated by ADME Advertising Pty Ltd (ACN 613333592)
(ADME) together with Brightone Suzuki (Dealer) (together âweâ or âusâ). 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
Generalâ¨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
â¨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 âADMEâ 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 (âPrivacy Actâ). 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 â (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 âCustom Audiencesâ (where targeted advertisements
are sent to people on Facebook who have already been on our website), and âLookalike Audiencesâ (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 websiteâs computers and stored on your computerâs 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 Googleâs 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) 9599 2111
- Email: info@brightonsuzuki.com.au
- Mail: 797 Nepean Highway, Brighton, VIC 3186
- Website: https://brightonsuzuki.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 âUpdatedâ 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.