KBB.COM.AU
Terms and Conditions
Welcome to this Site!
These terms & conditions govern your use of this Site which is owned and operated by Kelley Blue Book Co., Inc, (“Kelley Blue Book”, “us”, “we”, “our”) and its related bodies corporate.
By using this Site, you agree and accept to be bound by these terms & conditions and any other terms and conditions and policies referred to herein, as they exist at that time. We may update these terms & conditions at any time and in our sole discretion.
Content on this Site
We publish or make available on this Site:
- information produced by us and/or third parties about our products and services;
- links to third party sites for related services (such as financing and insurance services);
- general vehicle and pricing information; and
- advertising,
(together, “Content”).
To find out more about our products and services, please click here or email: leads@kbb.com.au.
Intellectual Property
All intellectual property rights subsisting in the Site and the Content belong to us or our licensors, advertisers or affiliates, and you obtain no interest in that intellectual property. Our Site and the Content is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Site or the Content.
Our logos, such as the Kelley Blue Book and Price Advisor trade marks, are our registered trademarks or those of our related bodies corporate. Other trademarks may be displayed on this Site from time to time which may belong to third parties. Nothing displayed on this Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on this Site without the express written permission of the relevant owner.
Use of Site Content
You may download and view or print a copy of Content for personal, non-commercial use provided you do not change or modify the Content in any way.
Except with the express written permission of CAMS you must not:
- copy, scrape, data-mine, mirror or frame or otherwise appropriate any Content (whether manually or by any automated process);
- publish, republish, transmit, display, modify, reverse assemble, reverse compile, create derivative works or otherwise make available any part of this Site or any Content from it (whether online or otherwise);
- use any Content to develop or promote any website, database or e-store;
- create any links to or from the Site; or
- use any Content which violates or is not expressly permitted by these terms and conditions or our policies, or otherwise infringes any of our rights or the rights of our affiliates, including any the intellectual property rights.
We may, in our absolute discretion, modify, update, suspend or terminate the Site or any part of the Site, or your access to the Site (or a related party's access to the Site) for any reason and without notice to you. We will not be responsible or liable to you or any related party for any loss or damage arising out of or relating to any such action taken by us.
Liability & Indemnity
The Content is available to you for your general information only. The Content has been developed and gathered from a variety of sources, and whilst all care is taken in producing the Content, we do not and cannot guarantee or make any representations regarding your use of or reliance on the Content. You should always make your own independent assessment of the Content from other sources of information available to you.
We do not exclude any rights and remedies available to you in respect of the Content which cannot be excluded, restricted or modified by law under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation.
To the fullest extent permitted by law:
- (a) We do not represent, warrant, endorse or authorise the accuracy, completeness or availability of the Content. You are responsible for assessing the reliability and accuracy of the Content and you rely upon it at your own risk. We may change any Content anytime, at our sole discretion and without notice to you.
- (b) We do not represent or warrant that:
- (i) the Site or the Content, including hyperlinks, will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or bugs;
- (ii) the Content is a substitute for professional or expert advice, or that it is appropriate or accurate for your circumstances; or
- (iii) any third-party products or services advertised on or linked from the Site are of merchantable quality, fit for purpose, safe, or accurately described.
- (c) We exclude all rights, remedies, conditions, warranties and liability for any loss or damage in respect of your use of the Site or the Content whether based in statute, common law or otherwise.
- (d) To the extent that our liability for any breach of a term or condition is implied by law and cannot be excluded, our liability is limited, at our discretion, to the supply of any product or service again or the payment for the cost of having any product or service supplied again.
- (e) To the maximum extent permitted by law, we will not be liable to you for any indirect, special or consequential loss, including without limitation loss of use, production, data, profit, revenue, delays or any other economic loss.
Third Party Content & Links
This Site may include Content from third parties, such as advertisers. We are not liable for any loss or damage you incur as a result of your dealings with a third party. Nothing on this Site or in these terms and conditions should be construed as outlining the terms of any licence regarding your use of third party Content. Please refer to the applicable third party's terms and conditions.
This Site may also include links to third party sites for products and services (such as financing and insurance services) which are not related to us and in which we have no control or interest. The appearance of those links on this Site does not indicate any relationship between us and that third party or any endorsement by us of that third party, its site or the products or services. Nothing on this Site should be construed as granting you any licence or right for you to use the content on that third party site in any way.
Your Content
If you submit content to us in any format (including any text, photographs, graphics, video or audio) and for any purpose (including requesting information, submitting ideas, providing survey responses, suggestions or other feedback) you grant us a non-exclusive, royalty-free, perpetual licence to use the content or any extract or modification of that content, now and in the future, in any way, which includes the right not to use any content you submit to us. You waive any moral rights in your content as a result of your submission to and publication of such content on this Site.
You also agree and warrant that you have all of the necessary rights, including copyright, in the content you submit to us, that your content is not defamatory, that it does not infringe any law including but not limited to competition and consumer legislation, fair trading legislation, motor dealer legislation, privacy, confidentiality and intellectual property law, and that you have not impersonated any person or entity or falsely stated or otherwise misrepresented their affiliation with a person or entity or forged any TCP/IP packet header or any part of the header information in any email or social media posting.
You indemnify us against any and all legal fees, damages and other expenses that may be incurred by us as a result of a breach of the above warranty.
General
- Pricing: You acknowledge that any pricing or values provided on this Site normally excludes government and statutory charges, unless otherwise stated.
- Privacy: Your personal information is governed by our Privacy Policy.
- Choice of Law: These terms & conditions shall be governed by and interpreted in accordance with the laws of Victoria, Australia.
- Entire Agreement: These terms and conditions constitute the entire agreement between you and us and govern your use of the Content and Site, and supersede any prior terms and conditions. You may be subject to additional terms and conditions when you use or purchase certain other products and services from us or third parties. To the extent of any inconsistency, the additional terms and conditions will prevail.
- Waiver: Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such a right or provision.
- Severance: If any provision of these terms and conditions is found by a court of competent jurisdiction to be void or otherwise unenforceable, that provision will be read down or alternatively severed to reflect the intention of the provision, and the remaining provisions of these terms and conditions will remain in full force and effect.
- All rights not expressly granted in these terms and conditions are reserved.
To contact us, please click here or email: leads@kbb.com.au.
