Terms of Use
General
The MBAuP StarSolution Website, accessible through the following
address http://staging.starsolution.com.au, �is a service provided by
Mercedes-Benz Australia/Pacific Pty Ltd ABN 23 004 411 410 (�MBAuP�) for
the following purposes:
a) informing its Dealers,
b) enabling Dealers to provide information to MBAuP, and
c) providing information and commercial services to its Dealers.
These Terms of Use govern access to and the use of the MBAuP StarSolution Website, the services on or in connection with the MBAuP StarSolutions Website and the images, photos, information, video, graphics, software, text, creative suggestions and other materials contained on the MBAuP StarSolution Website that are protected by intellectual property or proprietary rights.
By accessing or otherwise using the MBAuP StarSolution Website you agree to be legally bound and abide by these Terms of Use just as if you had signed an agreement containing these Terms of Use and you acknowledge that MBAuP provides the MBAuP StarSolution Website to you on these Terms of Use. MBAuP is entitled, at its sole discretion to change, modify, amend, add or remove any part of these Terms of Use and to change, amend or delete any features of the MBAuP StarSolution Website at any time without notice. Your continued use of the MBAuP StarSolution Website after this time constitutes an agreement by you to abide by and be bound by these Terms of Use, as so amended.
If you do not comply with these Terms of Use at any time, MBAuP may cancel or terminate your access to the MBAuP StarSolution Website.
Intellectual Property Protection
MBAuP owns or is the licensee of all intellectual property rights in the MBAuP StarSolution Website and content, unless indicated otherwise. Subject to these Terms of Use, MBAuP grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the MBAuP StarSolution Website.
- Use information directly accessible through the MBAuP StarSolution Website.
You agree that, subject to your use of the MBAuP StarSolution Website in accordance with the limited licence granted to you, you will not infringe MBAuP�s intellectual property rights in the MBAuP StarSolution Website and will not modify, copy, republish, frame, distribute or communicate any part of the MBAuP StarSolution Website or any information contained therein or otherwise use them in a way which will infringe MBAuP�s intellectual property rights or the intellectual property rights of any third party.
Prohibited Activities
In connection with your use of the MBAuP StarSolution Website you acknowledge and agree that you will not:
(a) Use the MBAuP StarSolution Website in any manner that could damage, disable, overburden or impair MBAuP�s servers or networks, or interfere with any other user's use and enjoyment of the MBAuP StarSolution Website.
(b) Attempt to gain unauthorised access to any of the MBAuP StarSolution Website, accounts, computer systems or networks connected to MBAuP through hacking, password mining or any other means.
(c) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the MBAuP StarSolution Website.
(d) Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable which may invade another's right of privacy or publicity.
(e) Post or transmit any material that contains a virus or corrupted data.
(f) Delete any author attributions, legal notices or proprietary designations or Content.
(g) Violate any applicable local, state, national or international law.
(h) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(i) Manipulate or otherwise display the MBAuP StarSolution Website by using framing or similar navigational technology.
(j) Use the MBAuP StarSolution Website for any purpose that is unlawful or prohibited by these Terms of Use.
Disclaimer
Except as provided by law, the MBAuP StarSolution Website is provided �as is� and without any warranty or condition, express or implied. MBAuP does not warrant and expressly disclaims that the information contained in or accessible through the MBAuP StarSolution Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does MBAuP guarantee continuous, uninterrupted or secure access to the MBAuP StarSolution Website. You acknowledge that access and use of the MBAuP StarSolution Website (including the software operating in connection with the MBAuP StarSolution Website) may be interfered with by numerous factors outside of MBAuP�s control. MBAuP does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the MBAuP StarSolution Website. Subject to the provisions of the Competition and Consumer Act 2010 (Cth), MBAuP makes no representations or warranties in respect of the information and materials available on the MBAuP StarSolution Website or the means of accessing that information and material (including the software operating in connection with the MBAuP StarSolution Website). MBAuP makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than MBAuP which are or may become linked or framed to or from the MBAuP StarSolution Website.
Your use of the MBAuP StarSolution Website and any content or other information or materials provided on or through the MBAuP StarSolution Website is entirely at your own risk. You should check the accuracy and completeness of any information you obtain from the MBAuP StarSolution Website before using it or relying on it.
Use of information
If you upload or otherwise provide any information or content in the course of accessing or using the MBAuP StarSolution Website, you agree that such content will be available to MBAuP to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any content which:
(a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another�s privacy, sexist, racist, homophobic, violent, degrading; or
(b) infringes the intellectual or other proprietary interests of third parties; or
(c) impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services MBAuP considers to be inappropriate; or
(d) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the MBAuP StarSolution Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user�s use or enjoyment of the MBAuP StarSolution Website or otherwise breaches or encourages other users to breach these Terms of Use; or
(e) violates any law, statute or regulation; or
(f) forges information to disguise the origin of any content; and
(g) encourages or incites any other Dealer or third party to engage in any of the above behaviour.
You agree to grant MBAuP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that content in our favour.
Limitation of Liability
You agree that MBAuP is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the MBAuP StarSolution Website, the use by MBAuP of information provided by you to MBAuP through the MBAuP StarSolution Website or any such loss or damage which may arise should you be unable to access the MBAuP StarSolution Website, for whatever reason and however arising, including negligence.
To the extent that MBAuP is unable to disclaim liability as to the accuracy or otherwise of any information or Content on the MBAuP StarSolution Website on which you or anybody else rely to your detriment, it limits the remedy available under these Terms of Use to the correction and resupply of the offending information or Content.
You indemnify MBAuP against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by MBAuP, arising from, or which is directly or indirectly, related to:
(a) your breach or non-observance of any term of these Terms of Use; or
(b) any breach or inaccuracy in any of your representations or warranties; or
(c) a breach by you of the intellectual property rights of DAG, MBAuP, a Daimler Group Company, any of their Related Entities or a third party in connection with use of the StarSolution website; or
(d) your breach or non-observance of the Privacy Act 1988 (Cth) and/or Spam Act 2003 (Cth) as amended from time to time.
Sometimes MBAuP may place links on the MBAuP StarSolution Website which allows you to leave the MBAuP StarSolution Website in order to access a linked website. Please be aware that MBAuP are not responsible for the availability of any linked sites or resources, and do not endorse any content, advertising, products, or other materials, goods or services on or available from any linked sites or resources.
Links and cookies
You must not establish links on any other website to the MBAuP StarSolution Website or any other part or parts of the MBAuP StarSolution Website or other MBAuP StarSolution websites generally without the prior written consent of MBAuP.
MBAuP sometimes uses cookie technology on this site in order to provide information and services to web site visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.�
If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of the services available on our website.
Breach and termination
If you breach any provision of these Terms of Use, MBAuP may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the MBAuP StarSolution Website. In any event, MBAuP may terminate these Terms of Use (and your right to use the MBAuP StarSolution Website) at any time and for any reason without prior notice to you.
Choice of Law and Use of MBAuP StarSolution Website
These Terms of Use are to be governed by the laws of the State of Victoria, Australia.�You agree that any action at law or in equity arising out of or relating to your use of the MBAuP StarSolution Website or these Terms of Use shall be filed only in the state or federal courts located in Victoria and that you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
MBAuP has designed the MBAuP StarSolution Website�for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the MBAuP StarSolution Website outside the Commonwealth of Australia. The MBAuP StarSolution Website is available only to people in Australia who can form legally binding contracts under applicable law.
No agency
No agency, partnership, joint venture or employee-employer relationship is intended or created between you and MBAuP by these Terms of Use.
Defined Terms
Dealers means any licensed motor dealer to whom MBAuP grants access to the MBAuP StarSolution Website and includes officers agents and employees of the licensed motor dealer.
DAG means Daimler AG, MBAuP�s parent company based in Germany.
Daimler Group Company means any entity ultimately owned or held by DAG or in which DAG has a controlling interest.
MBAuP means Mercedes-Benz Australia/Pacific Pty Ltd ABN 23 004 411 410.
MBAuP StarSolution Website means the website accessible through the following address http://starsolution.com.au.
Related Entity has the meaning in section 9 of the Corporations Act 2001 (Cth).