1. ABOUT US

This site is operated by THE FINANCE DEPOT PTY LTD (ABN 63 637 675 006) (“We”). We are a proprietary company registered in Australia, with our offices located at 3 Butler Dr, Hendon, SA, 5014.

You may send us comments, questions, suggestions, or ideas pertaining to our Oz Trucks & Trailers site (“our site”). By doing so, you acknowledge that such content is not confidential, that we have no obligation to keep such content secret, and that we are not required to respond. For details on how we handle such content, please see our Privacy Policy and Cookies Policy.

2. TERMS OF USE

These terms of use, along with the documents referenced herein, dictate the terms under which you may utilise our site. By using our site, you confirm that you have read, understood, and agree to be bound by these terms of use. If you disagree, you must not use our site.

We may periodically revise these terms of use; please review this page regularly as any changes are effective immediately and are binding on you. We may also modify our site from time to time to ensure the accuracy of its content. We aim to update our site as soon as new content is available, though we cannot guarantee specific update timings.

3. INTELLECTUAL PROPERTY RIGHTS

We own or hold licenses for all intellectual property rights on our site, including the content published on it. These works are protected by copyright laws and treaties worldwide. All rights are reserved.

YOU WILL INDEMNIFY US FOR ALL COMPLAINTS, DAMAGES, LIABILITY, LEGAL PROCEEDINGS, AND ANY OTHER CONSEQUENCES ARISING FROM THE VIOLATION OF THIRD-PARTY RIGHTS, SUCH AS (BUT NOT LIMITED TO) COPYRIGHTS, TRADEMARKS, PATENTS, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, UNFAIR COMPETITION, AND DEFAMATION, FOR WHICH YOU ARE RESPONSIBLE WHILE NAVIGATING OUR SITE AND USING ITS CONTENTS. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE INCUR AS A RESULT OF YOUR BREACH. THIS INDEMNITY IS ENFORCEABLE TO THE FULL EXTENT PERMITTED BY LAW.

4. ACCEPTABLE USE

You must not use our site for unlawful activities. You are permitted to print off one copy, and download extracts, of any page(s) from our site for your personal use, and you may inform others within your organisation about the content posted on our site for internal, informational, non-commercial purposes only.

You must not modify or change any content, materials, or portions of our site in any way. You are prohibited from using (a) any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text, and (b) any text separately from any accompanying illustrations, photographs, video or audio sequences, or graphics.

You must not remove any ownership indicators from any content sourced from our site and must not claim it as your own or attribute it to any other organisation or individual. You are also forbidden from using any part of the content on our site for commercial purposes without obtaining a license from us or our licensors.

You must not post any copies or downloads of content from our site on any networked computer, publish them, make any statements, or undertake any actions in relation to them (including as to their accuracy) that could lead to liability for us.

If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

5. WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is provided free of charge. We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business and operational reasons. We aim to give reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We do not represent that content available on or through our site is appropriate for use or available in all locations. Note that restrictions may apply based on jurisdiction. Please click on the location link below for more details: Jurisdictions.

6. ACCOUNTS

You must create an account to access full functionality of our site. Ensure that all personal information provided during account creation is accurate and up-to-date. All personal information will be treated in accordance with our Privacy Policy.

When creating an account, you will be required to provide basic contact information such as your name and email address, and select a password.

You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account, including purchases or interactions with other site users made using your account details.

By creating an account on our site, you warrant that:

• You are legally capable of entering into binding contracts;
• You are at least 18 years old;
• You reside in Australia; and
• You are accessing our site from within Australia.

We may suspend or cancel your account if you breach these terms of use, or if we reasonably suspect you are acting in a fraudulent, deceptive, offensive, or unlawful manner.

7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you are provided with or create a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We reserve the right to disable any user identification code or password at any time if, in our opinion, you have failed to comply with any of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us through Contact Us.

8. UPLOADING OR POSTING CONTENT TO OUR SITE

Whenever you use a feature that allows you to upload or submit content to our site, or to make contact with other users, you agree not to transmit anything that is threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, fraudulent, misleading, deceptive, or otherwise unlawful or offensive. We reserve the right to remove any posting you make on our site if, in our opinion, your post does not comply with content standards.

YOU WARRANT THAT ANY SUCH CONTRIBUTION COMPLIES WITH THESE STANDARDS, AND YOU WILL BE LIABLE TO US AND INDEMNIFY US FOR ANY BREACH OF THAT WARRANTY. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all ownership rights in your content, but you grant us and other users of our site a license to use, store, copy that content, and to distribute and make it available to third parties.

You are solely responsible for securing and backing up your content. We have the right to disclose your identity to any third party claiming that content posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy.

9. USER-GENERATED CONTENT IS NOT APPROVED BY US

Our site may include content uploaded by other users, such as bulletin boards and chat rooms. This content has not been reviewed, verified, or approved by us. The views expressed by other users on our site do not represent our views or values.

You agree not to hold us responsible for the conduct of any user of our site. We do not guarantee the accuracy of postings or the quality, safety, or legality of what is offered by any user. You acknowledge and agree that you participate on our site at your own risk.

If you wish to complain about content uploaded by other users, please Contact Us.

10. GUARANTEES AND LIMITS TO LIABILITY

Although we make reasonable efforts to update the content on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up-to-date.

The content on our site and linked sites is for informational purposes only. Links to third-party sites are provided for convenience only. We disclaim any responsibility for the content and use of these third-party sources. We may also publish links to other sites operated by us on this site. Access to these sites will be subject to each site’s terms of use and policies.

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.

If you are a business user:

• We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
• We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
• Specifically, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or any website linked to it.

If you are a consumer user:

• A ‘consumer’ is defined as an individual acting for purposes that are wholly or mainly outside your trade, business, craft, or profession.
• If you use our site as a consumer, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• These terms do not affect your statutory rights, including those under Australian Consumer Law.

11. OTHER TERMS

Our Privacy Policy outlines how we process any personal data we collect from you, or that you provide to us. Our Cookies Policy details our policy on cookies.

12. DISPUTES AND GOVERNING LAW

In the event of a dispute under these terms of use, the parties agree to negotiate in good faith to resolve the dispute. You should first notify us of any dispute through Contact Us.

Business users: These terms of use are governed by and construed in accordance with the laws of the State of Queensland, and both parties irrevocably agree to the exclusive jurisdiction of the courts of Queensland.

Consumers: If you qualify as a consumer under applicable law, depending on your habitual residence and domicile, these terms of use may also be governed by the laws of the State of Queensland, and the courts of Queensland may have exclusive jurisdiction.

13. WAIVER

No waiver by us of any of these terms of use will be effective unless explicitly stated as a waiver and communicated to you in writing.

14. SEVERABILITY

If any provision of these terms of use is found by a competent authority to be invalid, unlawful, or unenforceable to any extent, that provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Last Updated: 17 April 2024

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