Privacy

Terms of Use

1. Acceptance of terms of use and amendments

Each time you use or cause access to this website, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s privacy policy, which is incorporated within these Terms of use by reference.

2. The site editor’s service

This website and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register your details on this website; in this case, you agree to provide truthful information when requested.

4. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor’s Privacy policy.

5. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site editor will not be responsible to you in any way for the content displayed on this website, nor for any error or omission. By using this website or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(d) you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content without the site editor’s prior written consent;

(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

6. Submission of content on this website

By providing any content to this website:

(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section;

(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

7. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. Disclaimer of Warranties

You understand and agree that your use of this website and of any services or content provided (the “service”) is at your own risk. Services and content are provided to you “as is”, and the site editor expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The site editor makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that the site editor will not be held liable in any way. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. Limitation of Liability

You expressly understand and agree that the site editor will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the site editor has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Reservation of rights

The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.

12. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor’s copyright agent may be contacted at Parkes Kia.

13. Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.

14. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site editor may assign the site editor’s rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.

Disclaimer

1. Acceptance of our Terms

By visiting the website www.parkeskia.com.au viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.parkeskia.com.au you agree to be bound by the following Disclaimer. If you do not want to be bound by our Disclaimer your only option is not to visit, view or otherwise use the services of www.parkeskia.com.au. You understand, agree and acknowledge that this disclaimer constitute a legally binding agreement between you and Parkes Kia and that your use of www.parkeskia.com.au shall indicate your conclusive acceptance of this agreement.

2. Provision of Services

You agree and acknowledge that Parkes Kia is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Parkes Kia is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights

You acknowledge and agree that www.parkeskia.com.au may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Parkes Kia authorises you to view portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content

When you submit content to www.parkeskia.com.au you simultaneously grant Parkes Kia an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Parkes Kia.

5. Termination of Agreement

The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties

You understand and agree that your use of www.parkeskia.com.au is entirely at your own risk and that our services are provided “As Is” and “As Available”. Parkes Kia does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.parkeskia.com.au website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability

You understand and agree that Parkes Kia and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Parkes Kia has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Parkes Kia is limited to the greatest extent permitted by law.

8. External Content

www.parkeskia.com.au may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Parkes Kia is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

9. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Parkes Kia to resolve any legal matter arising from this agreement or related to your use of www.parkeskia.com.au. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

10. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and Parkes Kia. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms

Parkes Kia reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of www.parkeskia.com.au after any changes to Terms will signify your agreement to be bound by them.

Your privacy is very important to us accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.