By using this website, the user (you) confirms their agreement to these Terms and Conditions of Service (Terms). We may vary our Terms at any time without notice and, if we do, we will provide an updated version of these Terms on this Website. If you do not agree to or understand any of our Terms, you must not use any of the services offered on our website. Please read these Terms carefully before using the Website
- Website terms of use
True Horizon Automotive Pty Ltd (ACN 680 926 087) (“we” or “us”) owns and operates this website, www.truehorizoncars.com.au. Access to and use of this Website and the services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. - Amendments to Terms of Use
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. - Acceptance
These Terms govern your access to and use of the Website and any content or materials available through it (Website Material). By accessing, browsing, or using this Website or any services or facilities provided on it, you acknowledge that you have read, understood, and agree to be bound by the Terms and any additional terms notified to you. If you do not agree to these Terms, please immediately exit and discontinue use of the Website. - Our Services
(a) Our services include, but are not limited to, the provision of connection between motor vehicle owners and motor vehicle purchasers, however described, persons and or companies engaged in finance or finance brokerage services and other persons or and or companies engaged in automotive services and or other related third parties (Services).
(b) We will provide the Services in accordance with all applicable laws, regulations, codes of practice, national standards and applicable ethics and other regulatory approvals. - Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. - Website Materials
The Website content, including all Website Materials, is general in nature, and we make no disclosure or warranty as to the accuracy or authenticity of the Website Material. Any prices, quotes, or vehicle descriptions given by us are provided for presentation and are indicative only. - Links to other websites
This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over, and are not responsible for the content, services or privacy practices of the Linked Sites. We recommend reviewing the terms of use and privacy policies of any Linked Sites you visit and carrying out appropriate research. - Prohibitions
(a) You must not misuse this Website. You will not:
i. commit or encourage a criminal offense;
ii. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
iii. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
iv. infringe upon the rights of any other person’s proprietary rights;
v. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
vi. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
vii. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites. - Privacy policy
Our privacy policy, which sets out how we will use your information, can be found on our website. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate. - Intellectual property, software, and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain our property or the property of its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise. - Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us. - Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
(b) To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) You acknowledge that we disclaim all liability with respect to any services provided by persons and or companies engaged in finance or finance brokerage services and other persons or and or companies engaged in automotive services and or other related third parties. All services and products provided by third parties are the responsibility of that third party and you indemnify, defend and hold harmless True Horizon Automotive Pty Ltd (ACN 680 926 087), its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of any third party service.
(d) This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. - Indemnity
You agree to indemnify, defend and hold harmless True Horizon Automotive Pty Ltd (ACN 680 926 087), its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions of Service. - Applicable Law
These Terms and the operation of the Website are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of any dispute. - Costs of Services
The reference to “buy a new car”, “sell your car” and “finance a car” within the Website are described in the terms of Services provided by us. We receive a “procurement” or “referral” fee from the third parties we connect our customers with through providing these services. Our “Bespoke Vehicles” and “Heritage and collectable” services can incur charges to the user which are to be agreed upfront prior to engaging any work relating to these services. - Variation
We have the right in our absolute discretion at any time and without notice to amend, remove, or vary the Services or any page of this Website. - Dispute Resolution
(a) We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. All questions or disputes relating to the Website including these terms should be submitted to: info@truehorizoncars.com.au.
(b) We will endeavour to resolve any disputes as quickly as possible. The user acknowledges any disputes relating to the product or services of any third party or dealer are to be directed to that third party or dealer and not us. - Invalidity
(a) If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
(b) So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.