You agree that you are governed by these Terms when you join or participate in the “Alliance Program” (Program) operated from time to time by Burson Automotive Pty Ltd (ACN 006 613 378) (Burson), and each time that you access, receive or purchase products, services or benefits (Products) under the Program or from its website (Hub), even though the Terms are electronic and are not physically signed by you.
These Terms are governed by the laws of the State of Victoria. Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, severed to the extent necessary to make these Terms enforceable.
2 Supply of Products
Products may only be sold or supplied to those customers of Burson that satisfy criteria or conditions set by Burson and therefore qualify, from time to time, for the Program. However nothing in these Terms or otherwise prevents or limits Burson’s right to sell or supply goods, products or services which are the same or similar to Products, on any basis, to any person or entity.
You acknowledge and agree that some Products are offered and purchased or otherwise accessed directly from the relevant supplier ('Providers'). In those circumstances, you contract directly with the Provider so it is the Providers (and not Burson) who are responsible for supply of the Products, any applicable warranties and guarantees and to remedy any defects.
Any orders for Products (Orders) are offers to purchase the particular Product pursuant to these Terms and if applicable, any terms of Burson which specifically govern its supply of a Product or (to the extent not inconsistent with these Terms) any Providers' terms and conditions and as may be applicable, at the purchase price specified at the time of the Order (plus delivery costs, if any).
Risk in the Products passes to you when delivery commences from the premises of Burson or the Provider. Title in the Products passes when full payment is received by Burson or the Provider.
You acknowledge and agree that you are authorised to incur, and are liable (on a joint and several basis) for, any purchase price and delivery costs for a Product or Order that is made by you or on your behalf.
3 Intellectual Property, confidentiality and privacy
You grant to Burson and any Providers a non-exclusive, irrevocable, world-wide, royalty-free licence to use and reproduce any trademarks, logos, copyright, branding or business name you own, to the extent necessary for Burson to provide the Program and/or for Burson or Providers respectively to supply Products to you and you will ensure that this licence does not breach the intellectual property rights of any third party at any time.
Despite anything to the contrary elsewhere, you acknowledge and agree that, at all times:
Burson owns the title to, and all intellectual property in:
Burson’s Ezy Parts or its equivalent (subject always to its usual terms and conditions);
Any website, webpage, uniform resource locator, domain or subdomain name which is created, developed and/or hosted for you or on your behalf under the Program (individually or collectively, the “IP Products”).
You will not, and will not seek or purport to, charge, encumber, sub-licence or sell the IP Products.
Burson may, at its unfettered election, without notice or incurring liability whatsoever to you, withdraw or prevent (and direct Providers to withdraw or prevent) your access to the IP Products at any time, if you no longer qualify or are ineligible for the Program or if any payment or fees owed by you to Burson or a Provider (in connection with the Program or otherwise), have not been paid when due.
Burson’s Privacy Policy (located at http://www.burson.com.au/company-info/privacy-policy/) governs our treatment of any information you provide to Burson and the Privacy Policy is incorporated into these Terms by reference. You consent to the collection, use, storage and disclosure of your personal or sensitive information, and to being contacted, by Burson Group Ltd (ACN 153 199 912) or any of its subsidiaries or related bodies corporate (individually or collectively the “Burson Group”) and any of Burson Group’s agents, advisers or contractors or any Providers (which includes but is not limited to Australian Automotive Aftermarket Association), for all purposes connected with the Alliance Program and for general marketing purposes.
These terms are confidential and each party will, at all times, keep the other party’s materials, records, documents, data or information (“Confidential Information”) strictly confidential, safely secured and will not disclose any Confidential Information, except to the extent that disclosure is required by law or the rules of any stock exchange or permitted under or contemplated by these Terms.
4 Payment and GST
All prices are in Australian Dollars and are exclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
If valid and full payment is not received within the time period stipulated by Burson or the Provider, then the Order may be cancelled without prior notice, or Burson or the Provider incurring any liability, to you.
Once payment is made at your end, you cannot cancel an Order or return Products except as provided in clause 6.
5 Cancellation
You may cancel your participation in the Program by giving Burson at least 7 days prior written notice provided always that you remain liable, and must pay, for any Order that has been placed (with Burson or a Provider) or any Products which have been ordered, and remain subject to these Terms until the Order is completed or Products paid for. Either party may cancel these Terms immediately by written notice if the other party becomes bankrupt or insolvent, or has a liquidator, controller or receiver appointed (whether provisional or otherwise).
Without limiting any other clause or right or remedy at law, Burson may:
Cancel or vary the Program (in whole or part) or these Terms, for its unfettered convenience, at any time without incurring any liability whatsoever to you, by giving you at least 14 days prior notice.
Cancel or terminate your participation in the Program (or any part of it) or your access to or use of Products, immediately by written notice and without incurring any liability to you, if you fail, from time to time, to satisfy applicable criteria or conditions which qualify you for the Program (or any part of it) or access to a Product, provided always that an Order in respect of which you have already made payment is not cancelled and will be fulfilled.
6 Warranties and liability
All warranties, guarantees or other representations are excluded except any express or implied guarantees and warranties under applicable laws including, without limitation, the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) or as expressly set out in these Terms.
Burson’s liability in connection with Consumer Guarantees is limited to the fullest extent permitted by law. In circumstances where the Consumer Guarantees do not apply, you release and discharge Burson, its employees and/or agents or a Provider from any claim or liability for loss of anticipated or actual profits or revenue, or loss of use (whether arising as direct or indirect loss), or any consequential loss or damage, even if caused by the negligence of Burson, its employees and/or agents or a Provider.
