TERMS AND CONDITIONS
Last updated: 14 December 2022. Version: [1.0].
Please read these terms of use carefully before using this site.
What’s in these terms?
When You access and use our myautoglym.com.au website (“Our Site”), these terms tell You the rules for using Our Site, so please read them carefully.
Click on the links below to go straight to more information on each area:
- Who We are and how to contact us.
- By using Our Site You accept these terms.
- How We collect and use information about you.
- We may make changes to Our Site.
- We may suspend or withdraw Our Site.
- Our Site is only for users in Australia.
- You must keep your account details safe.
- How You may use material on Our Site.
- Information on Our Site
- We are not responsible for websites We link to.
- Our responsibility for loss or damage suffered by You through your use of Our Site.
- We are not responsible for viruses and You must not introduce them.
- Rules about linking to Our Site.
- Which country’s laws apply to any disputes?
1. Who we are and how to contact us
1.1 Our site is operated by GnG Sales Pty Ltd (“We”, “Us”, “Our”). We are registered in Australia under ABN 58 050 983 483 and our registered office 3 Foundry Road, Seven Hills NSW 2147. When we refer to “You”, we mean the person who accesses or uses our site.
1.2 To contact us, please use our contact form at https://www.myAutoglym.com.au or telephone our customer service line on 1300 769 109.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
1.4 When we use the words “Writing” or “Written” in these terms, this includes emails.
2. By using our site you accept these terms
2.1 By visiting our site, You confirm that You accept these terms and that You agree to comply with them. This is important as it creates a contract between Us and You which You must comply with.
2.2 If You do not agree to these terms, please do not use Our Site.
3. How we collect and use information about you
3.1 When you use our site, we and other organisations may collect some information about you and the devices that you use to browse our site. You may share your information with us (for example, where you contact us by e-mail to ask a question about our site) and some information is collected automatically using cookies on our site. You can find more information about how we and other organisations use information about you in our privacy policy at https://www.myautoglym.com.au/privacy-policy. If you do provide us with information, it is important that you inform us of any changes so that we can keep the information which we hold about you up-to-date and ensure it remains accurate.
3.2 If you provide or make available any personal information in connection with your use of our site, you must make all disclosures and obtain all consents necessary to allow us to collect, store, use, disclose and otherwise deal with the personal information lawfully in accordance with our privacy notice and applicable privacy legislation.
3.3 We will change these terms in the future. Every time you use our site, please check these terms to ensure you understand the terms that apply at that time as they are legally binding on you. You can check the date on which our terms were last updated using the date and version number shown at the top of the terms. If material changes are made to these terms, we will notify you by email (if you have an account with us) or by placing a prominent notice on our website before any material change becomes effective. We reserve the right to update and amend these terms without prior notice to reflect legal and regulatory changes. By using our site after a change has been made to our terms, this will demonstrate your acceptance of our updated terms.
4. We may make changes to our site
4.1 Our site is dynamic and will change over time as our business and products change and our customers’ requirements change. We will update and change our site in the future to reflect changes to our products, our users’ needs and our business priorities or to provide additional information or to change the services and functions which our site can perform.
5. We may suspend or withdraw our site
5.1 Our site is made available free of charge.
5.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted and our site may not be available due to business, operational and security reasons at any time, for any period and without notice.
5.3 You are responsible for ensuring that anybody who accesses our site through your internet connection or using your device is aware of these terms and complies with them.
6. Our site is only for users in Australia
6.1 Our Site is directed to users located in Australia. We do not recommend that content available on or through Our Site is appropriate for use or available in other locations.
7. You must keep your account details safe
7.1 If We provide access to any parts of Our Site using a username and password system:
a. You must keep your username and password confidential and accept sole responsibility for any use of (whether authorised or not), or action taken using, your log-in.
b. You must tell us immediately if You think your username or password has been lost, stolen or copied without your permission.
c. if you log into Our Site using Your user name and password, You must not leave it unattended. Please ensure You securely log-out of Our Site when you have finished any session which uses Your user name and password.
d. if We consider that Your account is being used without Your permission, We will disable access to Our Site – please contact Us using the details in Section 1.2 above if You cannot access Our Site.
8. How you may use material on our site
8.1 We either own or are permitted to use the materials on our site (including any intellectual property rights which may protect our site and the software code, text or image displayed on our site).
8.2 You may print off copies and you may download extracts of any page(s) from our site for your own personal use. Because our site contains materials which contain our intellectual property rights or those of others who permit us to use their materials, there are certain restrictions which you must comply with when using our site – you must not:
a. Change the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
b. Use any of the content on our site for commercial purposes without our written permission;
c. Disrupt the operation of our site or access to it, or stop or make it difficult for any other person to access or use our site;
d. Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “Scrape”, “Data mine”, or in any other way gather content or information from or reproduce our site or the content of our site or circumvent the navigational structure or presentation of our site;
e. Remove or hide or change any copyright, trademark (whether registered or unregistered) or other proprietary rights notices from our site or the materials available from it.
8.3 Any use of the materials from our site authorised under these terms will be carried out by you for lawful purposes only and in compliance with all applicable laws.
9. Information on this site
9.1 Our Site is provided for general information only. It is not intended to amount to advice on which You should rely. Reliance on any information provided on Our Site is solely at Your own risk. You must obtain professional or specialist advice before taking, or deciding not to take, any action on the basis of the information on Our Site. If You would like to discuss any of the information on Our Site or if you have questions about Us and Our products, please contact Us by using our contact form at https://www.myautoglym.com.au or our customer service line on 1300 769 109. If you have questions about Autoglym products in Australia, your local distributor would be happy to help – You can find their contact details on https://www.autoglym.com.au/
9.2 We try to ensure that the information on Our Site is current and accurate, but We don’t guarantee this.
10. We are not responsible for websites we link to
10.1 Where Our Site contains links to other sites and resources provided by other organisations, these links are provided for your information only. Just because We provide these links does not mean We approve or endorse the other websites that they link to. We have no control over the contents of those sites or resources and assume no responsibility or liability for them or for any loss or damage that may arise from Your use of them. Other sites will also have their own terms (including any other site of Ours which You may link to from this Site) – it is important that You check the terms of those other sites to ensure that You are happy to accept them before using them. These terms do not apply to websites We link to.
11. Our responsibility for loss or damage suffered by you through your use of our site
11.1 Whether You are a consumer or a business user:
a. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
b. You also acknowledge and agree that the operation of Our Site is dependent upon the internet and telephone networks working properly, and that We do not guarantee and will not be liable for these in any way.
c. Regardless of paragraph 11.2 below, if You are in Australia and the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and Our liability for breach of that guarantee may not be excluded but may be limited, Our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
11.2 Subject to 11.1(c), if You are a business user:
A)You understand and accept that Our Site is made available free of charge and is for information only. The Site does not have any transactional capability, it is not intended to be revenue generating and it is not designed to act as a storage function for Your data. As such, to the greatest extent permitted by applicable law we limit and exclude Our liability to You as follows:
i. We exclude all implied conditions, warranties, representations, or other terms that may apply to Our Site or any content on it.
ii. We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Site at any time for any period; or
- any inaccuracies, errors, or omissions of Our Site; or
- use of or reliance on any content displayed on Our Site.
iii. In particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- any loss of or damage to data;
- loss of business opportunity, goodwill or reputation; or
- any special, indirect or consequential loss or damage.
B). In the event that We are liable to You, Our liability will not exceed $AUD100 per event up to a maximum liability of $AUD500 in aggregate.
11.3 If You are a consumer using Our Site, We will be responsible for any damage which You suffer if We don’t do what We say We will do in these Terms or We don’t comply with law. These Terms do not limit the mandatory legal rights of consumers.
12. We are not responsible for viruses and you must not introduce them
12.1 We do not guarantee that Our Site will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your computers, laptops, smartphones and any other devices to access Our Site and for obtaining, maintaining and using applicable virus protection software and other security arrangements when using Our Site. We would recommend that You use your own virus protection software.
12.3 You must not misuse Our Site by introducing any harmful code to Our Site which is designed to damage Our Site or which will result in damage to Our Site (this includes viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful). You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. If You do any of these things, You may commit a criminal offence. We will report any of these things to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing any details which We have to them (which may include Your identity, contact details and information about any devices used for this purpose). If You do any of these things, We will stop Your access to Our Site.
13. Rules about linking to our site
13.1 You may link to Our Site’s home page, as long as it is fair and legal and does not damage Our reputation or take advantage of it. You must not link to any subpages of any password protected area of Our Site or make any direct links to files on Our Site which are made available to You.
13.2 You must not:
- establish a link which suggests any association, approval or endorsement on Our part unless We have given You written permission;
- insert those links on any other website which contains any content which is illegal, infringes any rights, such as the intellectual property rights of another person or contains any adult content;
- establish a link or deep-link to Our Site in any other website that is not owned by You;
- frame Our Site on any other site or create a link to any part of Our Site other than the home page.
13.3 We can cancel any linking permission at any time and object to any such links and require You to remove them.
13.4 If You wish to link to or make any use of content on Our Site other than that set out above, please contact us using Our contact form at https://www.myautoglym.com.au
14. Which country’s laws apply to any disputes?
14.1 If You are a consumer, please note that these terms and Our relationship with You are governed by Australian law. You and We both agree that the courts of Australia will have exclusive jurisdiction.
14.2 If You are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of England and that We may bring proceedings against You in any court anywhere in the world, particularly in circumstances where Our intellectual property rights are infringed or Your actions result in Us seeking emergency relief such as an injunction. We will not have these rights if the applicable law in your country of establishment requires application of another law and/or jurisdiction and this cannot be excluded by contract.