1. Agreement to Terms
Welcome to Becca's Auto. These Terms of Service ("Terms") govern your access to and use of the Becca's Auto website and services, including any content, functionality, and services offered on or through beccasauto.com ("Website").
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
Please read these Terms carefully before using our Website. These Terms constitute a legal agreement between you and Becca's Auto Pty Ltd (ABN: 12 345 678 901) ("Becca's Auto," "we," "us," or "our").
2. Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Website Access and Use
3.1 Eligibility
The Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements.
3.2 Prohibited Uses
You agree to use the Website only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
- Use the Website to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.
- Use the Website in a manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
4. Account Registration
4.1 Account Creation
Some features of the Website may require you to register for an account. When you register, you will be asked to provide certain information about yourself, such as your name, email address, and other personal information.
4.2 Account Responsibilities
If you create an account, you are responsible for:
- Maintaining the confidentiality of your account and password.
- Restricting access to your computer or device.
- Accepting responsibility for all activities that occur under your account or password.
You must notify us immediately of any breach of security or unauthorized use of your account. We reserve the right to disable any user account at any time in our sole discretion, including if we believe you have violated any provision of these Terms.
5. Website Content
5.1 Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Becca's Auto, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5.3 Trademarks
The Becca's Auto name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Becca's Auto or its affiliates or licensors. You must not use such marks without the prior written permission of Becca's Auto. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Purchases and Payments
6.1 Pricing and Availability
All prices listed on the Website are in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. We reserve the right to change prices for products and services at any time, and we do not provide price protection or refunds in the event of a price drop or promotional offering.
All vehicle specifications, illustrations, and descriptions on our Website are intended as a guide only. Actual vehicles may differ in appearance, features, and specifications. Availability of vehicles, options, and features may vary.
6.2 Payment Terms
For any purchases made through the Website (such as deposits or service appointments), payment must be made using one of our accepted payment methods. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method.
We reserve the right to verify your payment information and decline or cancel your order if we are unable to verify your payment information or if we receive notification of a potential fraudulent transaction.
6.3 Deposits and Cancellations
Deposits made to secure a vehicle are non-refundable unless otherwise specified in a written agreement. Cancellation policies for service appointments are outlined in the service appointment confirmation.
7. Warranty Disclaimers
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
BECCA'S AUTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BECCA'S AUTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BECCA'S AUTO DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM BECCA'S AUTO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED ON YOU BY THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BECCA'S AUTO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
BECCA'S AUTO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE IS LIMITED TO THE AMOUNT PAID BY YOU TO BECCA'S AUTO, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BECCA'S AUTO AND YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless Becca's Auto, its affiliates, directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
10. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any choice or conflict of law provision or rule.
12. Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be instituted exclusively in the federal courts of Australia or the courts of the state of New South Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Before commencing any formal dispute resolution proceedings, you agree to first try to resolve any dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you may proceed with formal dispute resolution proceedings.
13. General Provisions
13.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Becca's Auto on the Website, shall constitute the entire agreement between you and Becca's Auto concerning the Website and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Becca's Auto with respect to the Website.
13.2 Waiver
No waiver by Becca's Auto of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Becca's Auto to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Becca's Auto's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Becca's Auto may assign or transfer these Terms, at its sole discretion, without restriction.