Terms of Use

Please read these Terms of Use carefully before using this Web Site.

This web site, accessible at www.agpower.com.au, as well as any Facebook, Instagram and YouTube sites linked to this web site (collectively “Web Site”) are owned and operated by Agpower & Transport Pty Ltd (Dealer) (together “we” or “us”). 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 or personal circumstances.

Where we make third party materials 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 products on the Website are indicative only. Always obtain confirmation on pricing from the Dealer. There may be a delay in new pricing being uploaded to the Website. All prices are subject to change at the discretion the Dealer.

Limitation of liability

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 you downloading of any Information from this Web Site.

Errors

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 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 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 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 (‘Privacy Act’). 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, address. Telephone numbers, email address and driver’s license number. 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

Generally, we collect personal information directly from you, when you contact or deal with us. We also collect personal information from third parties, for example finance or insurance companies providing related services to you. We protect this information in a number of ways. It is kept in secure locations, and access to it is restricted to those who have the appropriate authorization under our policies. Where we share the information with third parties we ensure they also have appropriate policies and security in place. When the information is no longer required, it is de-identified, deleted, or securely destroyed.

How we use your personal information

Your personal and sensitive information may be used in connection with:

We collect and use your personal information for a number of reasons, including:
– To enable us to properly respond to your request about purchasing a vehicle, parts, service or repair, finance or insurance.
– To provide you with information about products or offers.
– To enable us to arrange for you things like vehicle registration, finance or insurance.
– To contact you in the event of a vehicle recall or program or any warranty matters.
– To maintain records for accounting, administrative and legal requirements.
– To provide your details to the vehicle manufacturer for warranty purposes or to conduct customer satisfaction surveys.
– For other purposes related to your dealings with us.

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 – (inclusive of our IT contactors and website designers);
  • Any person with lawful entitlement to obtain the information.

Agpower may disclose personal information (including credit information) to overseas recipients in order to provide their products and/ or services and for administrative or other management purposes. Our business is affiliated with other businesses located overseas, such as vehicle manufacturers and original equipment manufacturers. In the course of doing business with you, we are likely to disclose some of your personal information to overseas recipients. However, we will only do so where:

– it is necessary to complete the transaction you have entered into; and

– you have provided consent; or

– we believe on reasonable grounds that the overseas recipient is required to deal with your personal information by enforceable laws which are similar to the requirements under the APPs; or

– it is otherwise permitted by law.

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 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 “Custom Audiences” (where targeted advertisements are sent to people on Facebook who have already been on our website), and “Lookalike Audiences” (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 website’s computers and stored on your computer’s 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 Google’s 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 computerised 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.

You may access your personal information by contacting us. You can contact the Agpower staff member you usually deal with, or email us at privacy@agpower.com.au to make this request. We will then arrange with you a convenient time and means for you to have access. If at any time you believe that any personal information of yours that we hold is incorrect, please contact us at privacy@agpower.com.au and advise us of the correct information, and we will amend our records.

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 have a complaint about the way we hold or use your personal information, please contact us at privacy@agpower.com.au stating your concern, and how you would like your complaint resolved. We will investigate your complaint and respond to you with our findings and our proposed action, within 30 days. In the event you are dissatisfied with the outcome of the complaint of the investigation, you may refer your complaint to the Office of the Australian Information Commissioner.

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 “Updated” 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.

Our contact details are:

Agpower & Transport Pty Ltd
465 Maroondah Highway, Lilydale VIC 3140
Phone: (03) 9739 5006

Victoria

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 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.

Updated July 2021

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