Terms and Conditions


General

The Northpoint Ford Website is a service provided by Ducala Pty Ltd (ACN 008 031 874) trading as Northpoint Ford for the following purposes:

a) informing its Customers,
b) enabling Customers to provide information to Northpoint Ford, and
c) providing information and commercial services to Business Partners.

Northpoint Ford information contained on this website is provided by Northpoint Ford.

By accessing or otherwise using the Northpoint Ford Website you agree to be bound by these conditions of use and you acknowledge that Northpoint Ford provides the Northpoint Ford Website to you on these conditions of use. Northpoint Ford is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Northpoint Ford Website at any time without notice. Your continued use of the Northpoint Ford Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

Northpoint Ford and Ford Motor Corporation Australia Limited owns all intellectual property in the Northpoint Ford Website, unless indicated otherwise. Subject to these conditions of use, Northpoint Ford grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the Northpoint Ford Website.
  • Use information directly accessible through the Northpoint Ford Website.

You agree that, subject to your use of the Northpoint Ford Website in accordance with the limited licence granted to you, you will not infringe Northpoint Ford's or Ford Motor Corporation Australia Limited's intellectual property in the Northpoint Ford Website and will not modify, copy, republish, frame, distribute or communicate any part of the Ford Motor Corporation Australia Limited Website or any information contained therein or otherwise use them in a way which will infringe Ford Motor Corporation Australia Limited or Ford Motor Corporation Australia Limited's intellectual property or other property rights.

 

Disclaimer

Except as provided by law, the Northpoint Ford Website is provided "as is" and without any warranty or condition, express or implied. Northpoint Ford does not warrant that the information contained in or accessible through the Northpoint Ford Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Northpoint Ford guarantee continuous, uninterrupted or secure access to the Northpoint Ford Website.

You acknowledge that access and use of the Northpoint Ford Website may be interfered with by numerous factors outside of Northpoint Ford control. Northpoint Ford does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Northpoint Ford Website. Subject to the provisions of the Competition and Consumer Act 2010, Northpoint Ford makes no representations or warranties in respect of the information and materials available on the Northpoint Ford Website or the means of accessing that information and material (including the software operating in connection with the Northpoint Ford Website).

Northpoint Ford makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Northpoint Ford which are or may become linked or framed to or from the Northpoint Ford Website.

 

Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Northpoint Ford Website, you agree that such Content will be available to Northpoint Ford 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:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • 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 Northpoint Ford  considers to be inappropriate; or
  • 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 Northpoint Ford 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 Northpoint Ford  Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant Northpoint Ford 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 Northpoint Ford 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 Northpoint Ford Website, the use by Northpoint Ford of information provided by you to Northpoint Ford through the Northpoint Ford Website or any such loss or damage which may arise should you be unable to access the Northpoint Ford Website, for whatever reason and however arising, including negligence.

To the extent that Northpoint Ford is able to limit the remedies available under these conditions of use, Northpoint Ford expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Northpoint Ford's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify Northpoint Ford against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Northpoint Ford is not liable for content or functions on the Northpoint Ford Website provided by PowerTorque Finance, a division of Toyota Finance Australia Limited ABN 48 002 435 181, AFSL and Australian Credit Licence 392536. and PowerTorque Insurance is underwritten by Aioi Nissay Dowa Insurance Company Australia Pty Ltd ABN 11 132 524 282, AFSL Number 443540 (Adica) . PowerTorque Finance and Insurance are not liable for content or functions on the Northpoint Ford Website provided by Northpoint Ford (Ducala Pty Ltd).

 

Breach and termination

If you breach any provision of these terms of use Northpoint Ford may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Northpoint Ford Website. In any event, Northpoint Ford may terminate these terms of use (and your right to use the Northpoint Ford Website) at any time and for any reason without prior notice to you.

 

Choice of Law and Use of Northpoint Ford Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of South Australia, Australia. Northpoint Ford has designed the Northpoint Ford 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 Northpoint Ford Website outside the Commonwealth of Australia. The Northpoint Ford Website is available only to people in Australia who can form legally binding contracts under applicable law.

 

For Any Enquiries on Terms of Use please contact us on.

Northpoint Ford
13 Wandearah Rd,
Port Pirie South
SA 5540,

T (08)86325855

F 08 82663 943


 

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