Terms of Use - Enji

Terms of Use

Disclaimer

Bapcor Ltd (ACN 153 199 912), and its related companies in Australia and New Zealand, including Burson Automotive Pty Ltd (ACN 006 613 378) trading as Enji (“Bapcor”, “we”, “us”, “our”) has taken every care to ensure that the information on this is correct and up to date at the time of publishing the content on the Internet. However, as can occur with any national organisation, prices, competition ending dates, promotions, special offers, and makes of vehicles that can be serviced may vary from state to state and even dealer to dealer.

Bapcor makes every effort to inform you of any slight modifications that may occur.

The Materials may contain inaccuracies and typographical errors. Bapcor does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Bapcor reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Bapcor may make any other changes to the site, the Materials and the products, programs, services or prices (if any) described in the site at any time without notice. The Materials may contain inaccuracies and typographical errors. Bapcor does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Bapcor reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Bapcor may make any other changes to the site, the Materials and the products, programs, services or prices (if any) described in the site at any time without notice.

Subject to any applicable provisions of the Trade Practices Act 1974 (Cth), which cannot be modified or excluded, this site, the information and Materials on the site, and the software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.

Limited Licence

Subject to the terms and conditions set forth in this Agreement, Bapcor grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Bapcor authorises you to view and download the information (“Materials”) at this Web site (“Site”) only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, Bapcor does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Third-Party Sites

As a convenience to you, Bapcor may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Bapcor makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Bapcor or this Site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Bapcor or any of its affiliates or subsidiaries. As a convenience to you, Bapcor may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Bapcor makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Bapcor or this Site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Bapcor or any of its affiliates or subsidiaries.

Information Provided by You

Bapcor does not want you to, and you should not, send any confidential or proprietary information to Bapcor via the Site. You agree that any information or Materials that you or individuals acting on your behalf provide to Bapcor will not be considered confidential or proprietary. By providing any such information or Materials to Bapcor, you grant to Bapcor an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and Materials, and you further agree that Bapcor is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Bapcor. You further recognise that Bapcor does not want you to, and you warrant that you shall not, provide any information or Materials to Bapcor that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. Bapcor does not want you to, and you should not, send any confidential or proprietary information to Bapcor via the Site. You agree that any information or Materials that you or individuals acting on your behalf provide to Bapcor will not be considered confidential or proprietary.

By providing any such information or Materials to Bapcor, you grant to Bapcor an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and Materials, and you further agree that Bapcor is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Bapcor. You further recognise that Bapcor does not want you to, and you warrant that you shall not, provide any information or Materials to Bapcor that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitation of Damages

In no event shall Bapcor or any of its subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, Materials, and functions of the site or any linked website, even if Bapcor is expressly advised of the possibility of such damages. In no event shall Bapcor or any of its subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, Materials, and functions of the site or any linked website, even if Bapcor is expressly advised of the possibility of such damages.

Changes

Bapcor reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Bapcor reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

Bapcor may terminate, change, suspend or discontinue any aspect of the Bapcor Site, including the availability of any features of the Site, at any time. Bapcor may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Bapcor may terminate the authorisation, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users & Choice of Law

This Site is controlled, operated and administered by Bapcor from its offices within the Commonwealth of Australia. Bapcor makes no representation that Materials at this site are appropriate or available for use at other locations outside of the Commonwealth of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Australian export laws and regulations. If you access this Site from a location outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions. This Site is controlled, operated and administered by Bapcor from its offices within the Commonwealth of Australia. Bapcor makes no representation that Materials at this site are appropriate or available for use at other locations outside of the Commonwealth of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Australian export laws and regulations. If you access this Site from a location outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between Bapcor and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within the period provided by any applicable statute of limitations. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

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