Term of use

SUZUKI AUSTRALIA PTY LIMITED
ACN 001 828 164 ABN 57 001 838 164
Website Terms and Conditions
You agree that use of this website shall be strictly in accordance with, and governed by, these legally binding terms and conditions in their unaltered form. If you do not accept these terms and conditions you must exit this website immediately. Use of this website, or access to any of the content on this website constitutes your acceptance of these terms and conditions.
1 Agreement
1.1 www.sierra4x4.com.au ("Sierra 4x4 Website") is owned and operated by Suzuki Australia Pty Limited (ABN 57 001 828 164) ("Suzuki Australia").
1.2 Suzuki Australia is the sole distributor of Suzuki motor vehicles in all States and Territories of Australia, except Queensland and Northern New South Wales (being areas north of the mouth of the Clarence River to Mungindi), where the distributor is Mayfairs W'Sale Pty Ltd (ABN 23 009 693 592) (T/AS Suzuki Auto Co).
1.3 Suzuki Australia is the sole distributor of motor cycles in all States and Territories of Australia.
1.4 Suzuki Australia makes no representations that the information and materials contained on the Suzuki Website are appropriate for locations other than those areas in which it is the sole distributor, including but not limited to any competitions or promotions (whether chance and/or skill based) which are advertised or otherwise conducted via the Sierra 4x4 Website. In particular, Suzuki Australia makes no representations that the information and materials contained on the Sierra 4x4 Website in respect to Suzuki motor vehicles, including specifications, pricing and other marketing information, are appropriate in Queensland and Northern New South Wales. Should you wish to obtain information on Suzuki motor vehicles in Queensland or Northern New South Wales, please contact Suzuki Auto Co (23 Chapman Place, Eagle Farm, QLD, 4009. Tel. (07) 3623 4900; Email: suzauto@mayfairs.com.au.)
1.5 Suzuki Australia makes no representations that the information and materials contained on the Sierra 4x4 Website are appropriate for locations outside Australia, including but not limited to any competitions or promotions (whether chance and/or skill based) which are advertised or otherwise conducted via the Sierra 4x4 Website. In addition, any information, imagery and other materials relating to products and services of Suzuki Australia applies only to Suzuki motor vehicles, motorcycles, services and related products supplied within Australia.
1.6 Some services (including but not limited to Suzuki Customer Care), finance options and special/promotional offers, referred to on the Sierra 4x4 Website may not be offered, or otherwise be available, in all areas of Australia and/or at all Suzuki dealers. The Sierra 4x4 Website is intended to provide you with information, however you should consult your local Suzuki Australia dealer to confirm availability and details of the service or product, as the case may be.
1.7 The Sierra 4x4 Website is an on-line facility intended for Australian residents for the advertising, marketing and promotion of the Suzuki Sierra 4x4 vehicles, as well as other Suzuki passenger, special utility vehicles (SUV), commercial vehicles, Suzuki motorcycles, associated parts and accessories, and related products and services provided by Suzuki Australia. The Sierra 4x4 Website may also advertise Suzuki Australia sponsored events and Suzuki Australia competitions and promotions (as conducted from time to time).
1.8 These Terms and Conditions may be revised by Suzuki Australia from time to time. Please refer to clause 5 below.
1.9 These Terms and Conditions must be read in conjunction with the Privacy Policy.
1.10 You are not granted any rights in or to the Sierra 4x4 Website other than the limited right to use the Sierra 4x4 Website according to these terms and conditions, and any terms and conditions that Suzuki Australia may adopt from time to time.
1.11 All videos appearing on the Sierra 4x4 Website are uploaded and streamed through YouTube, and are not hosted by Suzuki Australia. In addition to these Terms and Conditions, you must comply with the YouTube Terms of Use (available at http://youtube.com/t/terms) and YouTube’s content policies. By using the Sierra 4x4 Website, you acknowledge that Suzuki Australia is not responsible for any technical problems associated with uploading or viewing videos via YouTube.
2 Your use of the Sierra 4x4 Website
2.1 You agree that you will use the Sierra 4x4 Website in accordance with these Terms and Conditions and that you will not use the Sierra 4x4 Website for any unlawful purpose.
2.2 You may be required to create an account (“User Account”) before you can access certain parts of the Sierra 4x4 Website, or submit User Content (defined in 2.3 below). You are only permitted to create a User Account if you either:

  1. are aged 18 years or over; or
  2. are aged between 13 and 18 years and have the consent of a parent or legal guardian to do so.

You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. Suzuki Australia reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone submitting User Content which violates any law.
2.3 By submitting any information, concepts or other materials, including but not limited to images, videos, recordings and comments (collectively, the “User Content”) whilst visiting the Sierra 4x4 Website, you automatically grant to Suzuki Australia, YouTube, their affiliates and sub-licensees a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, transferable right and licence to use the User Content in any manner and in all media (whether now known or later devised) throughout the world in perpetuity, without compensation, restriction on use, attribution or liability. This includes the right to edit, adapt, modify, change, add to, detract from, reproduce, distribute, prepare derivative works of, display and perform the User Content and to use the User Content for any purpose, including but not limited to commericial purposes. You warrant that you have the full authority to grant these rights.
2.4 If you have any moral rights (or similar rights) in respect of User Content that you submit, you consent to Suzuki Australia using the User Content from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Content that you submit, you must ensure that they agree to the above before you submit the User Content.
2.5 User Content that you submit may be made available on the Sierra 4x4 Website and/or the YouTube website and affiliated services. Any use of the User Content by Suzuki Australia (on the Sierra 4x4 Website or otherwise) will be decided by Suzuki Australia in its sole discretion and Suzuki Australia is under no obligation to use User Content submitted by you in any way.
2.6 You agree that you are fully responsible for the Content you submit.  To the full extent permitted by law, Suzuki Australia assumes no responsibility or liability which may arise from the posting or transmission of any unlawful information or User Content. Suzuki Australia shall not be liable in any way for such Content. You shall be solely responsible for your own User Content and the consequences of publically posting, uploading or publishing them through the Sierra 4x4 Website. You warrant and agree that:

  1. you will not submit any Content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that Suzuki Australia may deem to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  2. you will not submit any User Content which is contrary to the YouTube Community Guidelines, which can be accessed at www.youtube.com/t/community_guidelines
  3. you will obtain prior consent from any person or property that may appear in your Content;
  4. your Content shall not contain viruses or cause injury or harm to any person or entity; and
  5. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

2.7 You agree that unless otherwise indicated and with the exception of User Content, all copyright in the information and materials contained in the Sierra 4x4 Website (including but not limited to text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, is owned by Suzuki Australia, or otherwise reproduced by it with the permission from the relevant owner/licensee, as the case may be. The Sierra 4x4 Website, or any portion thereof, may not be reproduced (other than solely for personal non-commercial home use), or adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without the prior written consent of Suzuki Australia.
2.8 You may access User Material submitted by other users on the Sierra 4x4 Website solely for:

  1. non-commercial personal purposes;
  2. as intended through the normal functionality of the Sierra 4x4 Website; and
  3. in the case of videos, for Streaming.  “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Sierra 4x4 Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Material in the form of videos for any purpose or in any manner other than Streaming is expressly prohibited.

2.9 Without limiting any other terms herein, you indemnify Suzuki Australia for any breach of any of the terms or warranties contained herein.
2.10 While Suzuki Australia reserves the right to monitor transmissions to the Sierra 4x4 Website, it is under no obligation to do so. Suzuki Australia reserves the right, at any time, for any or no reason, in its absolute discretion:

  1. to edit, to refuse to publish or to remove any User Content; and
  2. to refuse to approve or to terminate any User Account.

3 Limitation of Liability
3.1 Suzuki Australia will use its best endeavours to ensure that the information and materials that it makes available on the Sierra 4x4 Website is correct and up-to-date. However, to the maximum extent permitted by law, Suzuki Australia does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, accessibility, or any other aspect of:

  1. any material and/or information on the Sierra 4x4 Website, including but not limited to specifications, features, illustrations and prices;
  2. the performance of the Sierra 4x4 Website; or
  3. the accuracy or currency of any User Content.

3.2 In addition, unless otherwise specified, any and all advertised motor vehicle/ motorcycle prices represent the relevant recommended retail price, including GST, and will exclude dealer delivery, government statutory charges, and any optional extras (unless otherwise indicated). Unless otherwise indicated, any other prices specified represent the recommended retail price including GST.
3.3 To the maximum extent permitted by law, Suzuki Australia shall not be liable for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

  1. the use or reliance on any information on the Sierra 4x4 Website for business decisions or otherwise;
  2. accessing and using the Sierra 4x4 Website and/or participating in any on-line activities contained therein;
  3. any interruption, suspension or termination of the Sierra 4x4 Website in whole or in part (including but not limited to User Content) for whatever reason;
  4. any decision to remove User Content and/or terminate any User Account.

3.4 You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Suzuki Australia, its related bodies corporate, directors, employees, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Sierra 4x4 Website, including but not limited to downloading any materials therein or submitting or accessing any User Content.
3.5 Suzuki Australia does not warrant that the Sierra 4x4 Website, or the server on which the Sierra 4x4 Website is hosted, is free of software viruses or defects. Accordingly, Suzuki Australia is not liable for any loss suffered as a result of any such viruses or defects.
3.6 Suzuki Australia's exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if Suzuki Australia has been notified of the possibility of such loss or damage.
3.7 You agree that Suzuki Australia's liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
4 Third party websites
4.1 From time to time, the Sierra 4x4 Website will contain links to other websites owned and operated by third parties who are not under the control of Suzuki Australia.
4.2 Suzuki Australia does not approve, endorse or sponsor these linked sites unless specifically stated.
4.3 Suzuki Australia is not responsible for the content of these linked websites and makes no representation as to the accuracy of any material on these websites.
4.4 Suzuki Australia, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites, or reliance on the information contained on these third party websites.
5 Future changes
5.1 Suzuki Australia may amend, delete, add to, or otherwise revise any information or materials contained on the Sierra 4x4 Website at any time without notice, including but not limited to information relating to motor vehicle model/s, motorcycles, specifications, recommended retail prices, optional accessories, standard features, parts, related services etc, as well as these Terms and Conditions. It is your responsibility to monitor any such changes.
5.2 All changes are effective from the date they are posted on the Sierra 4x4 Website and your continued use of the Sierra 4x4 Website will constitute your acceptance of the variation of these Terms and Conditions.
6 Governing law
6.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
7 Jurisdiction
7.1 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
8 Invalid or unenforceable provisions
8.1 If a provision of these Terms and Conditions is found by a court of law to be invalid or unenforceable:

  1. it is to be read down or severed to the extent of the invalidity or unenforceability; and
  2. that fact does not affect the validity or enforceability of the remaining provisions.