Legals for Jacob Hino

Ironman 4x4 Icecube Fridge - Promotion

Ironman 4x4 Icecube Fridge - Promotion Ironman 4x4 Icecube Fridge - Promotion

Introduction

1.      Information on how to enter and the prize forms part of these Terms & Conditions. Participation in this promotion is deemed acceptance of these Terms & Conditions.

2.      The promoter of this promotion is Jacob Hino, 3 Melrose Drive, Wodonga Victoria 3690 (“Promoter”).

3.      These Terms & Conditions apply solely to the “Jacob Hino - Ironman 4x4 Icecube Fridge" promotion (“Promotion”).

Eligibility Criteria

4.      Entry is only open to Australian residents in VIC only and must be 18 years or older. 

5.      The Promotion is a game of chance, and skill plays no part in determining the winner.

6.      The Promotion will be communicated via Social Media and at the dealership

7.      There is no entry fee.  

8.      Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 

How to Enter

9.      Promotion commences at 10am on 22 October 2019 and ends at 2pm on 20 December 2019. (“Promotional Period”). After this date no further entries to the Promotion will be permitted. All times indicated in these Terms & Conditions are in AEDT, unless specified otherwise. 

10.   Individuals will automatically be placed in the draw when their service or repair job has been booked and completed at Jacob Hino.  Every $500 spent will recieve additional entries into the draw. 

11.   The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and place of employment) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms & Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. This includes the right to recover the value of the prize in circumstances where the winner accepts the prize and subsequently deletes the required ‘Likes’ and ‘Shares’ that gave rise to their entry in the prize draw.

12.   If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

13.   This Promotion will be held once. Winner will be drawn on 20 December 2019 at 2pm and announced live on the Jacob Hino Facebook page. Dealer staff will also call the winner once announced.

14.   The prize draw will take place at Jacob Hino, 3 Melrose Drive Wodonga VIC 3690 and announced live on the Jacob Hino Facebook page.

15.   Jacob Hino, may draw additional reserve entries and record them in order. In the event that an ineligible entry is drawn or the Promoter is unable to contact the winner within three (3) days of the prize draw, having made reasonable attempts to do so, the Promoter may deem that winner’s entry invalid and the new winner will be the first valid reserve entry that was selected. 

16.   The new winner will be notified by phone or email on 25 December 2019.

The Prize

17.   The prize to win under this Promotion is as follows:

One winner (“Prize Winner”) will receive a Ironman, 40L Icecube Fridge.

18.   The Prize winner must be able to pick up the prize from Jacob Hino unless alternative arrangements have been made by a dealership representative.

19.   Prize value mentioned is at the recommended retail value as provided by the suppliers, and are correct at time of publishing. The Promoter is neither responsible nor liable for any change in the value of a prize occurring during the promotion. 

20.   The total prize pool value is $935.

21.   The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition results or winning entry. The prize package is non-transferrable, non-refundable and non-negotiable and cannot be redeemed as cash.

General Entry Provisions

22.   In the event of any form of intervention by an act outside the control of the Promoter, including an event which prevents or significantly hinders the Promoter’s ability to proceed with the competition pursuant to these Terms & Conditions, including but not limited to power failures, natural disasters, acts of God, civil unrest, war, or an act of terrorism, the Promoter may subject to the applicable laws and regulations, in its absolute discretion cancel the Promotion. 

23.   The Promoter shall not be liable for any loss or damage, including but not limited to indirect or consequential loss arising from or in connection with any prize, these Terms & Conditions, or any personal injury or death suffered or incurred by a prize winner, save as for any liability which cannot be excluded by law. 

24.   The Promoter reserves the right to cancel or amend the competition and/or Terms without notice. Any changes to the competition will be notified to entrants as soon as practicable by the Promoter.

25.   By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s). This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

26.   As a condition of entering this Promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

27.   Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

28.   Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a prize) is the sole responsibility of the entrant. Entrants should seek independent financial advice in this regard.

29.   Nothing in these Terms & Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

30.   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms & Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of a prize.

 

Terms of Use

1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's privacy policy, which is incorporated within these Terms of use by reference.

2. The Site Editor's Service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your Responsibilities and Registration Obligations
In order to use this web site or certain parts of it, you may be required to register your details on this web site; in this case, you agree to provide truthful information when requested.

4. Privacy Policy
Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor's Privacy policy.

5. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information from this web site;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent;

(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

6. Submission of Content on this Web Site
By providing any content to this web site:

(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section;

(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

7. Third-party Services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

8. Indemnification
You agree to indemnify and hold harmless the site editor and the site editor's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. Disclaimer of Warranties
You understand and agree that your use of this web site and of any services or content provided (the "service") is at your own risk. Services and content are provided to you "as is", and the site editor expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The site editor makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that the site editor will not be held liable in any way.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. Limitation of Liability
You expressly understand and agree that the site editor will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the site editor has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Reservation of Rights
The site editor reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor's rights. and property requires the site editor's prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor's prior written consent.

12. Notification of Copyright Infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor\'s copyright agent may be contacted via our physical address.

13. Applicable Law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor's domicile, and that any disputes will be heard by the said courts.

14. Miscellaneous Information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) The site editor may assign the site editor's rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.

Disclaimer

1. Acceptance of our Terms
By visiting the website http://www.jacobhino.com.au, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to http://www.jacobhino.com.au, you agree to be bound by the following Disclaimer. If you do not want to be bound by our Disclaimer your only option is not to visit, view or otherwise use the services of http://www.jacobhino.com.au. You understand, agree and acknowledge that this disclaimer constitute a legally binding agreement between you and http://www.jacobhino.com.au and that your use of http://www.jacobhino.com.au shall indicate your conclusive acceptance of this agreement.

2. Provision of Services
You agree and acknowledge that http://www.jacobhino.com.au is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that http://www.jacobhino.com.au is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights
You acknowledge and agree that http://www.jacobhino.com.au may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. http://www.jacobhino.com.au authorise you to view portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content
When you submit content to http://www.jacobhino.com.au you simultaneously grant http://www.jacobhino.com.au an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to http://www.jacobhino.com.au.

5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties
You understand and agree that your use of http://www.jacobhino.com.au is entirely at your own risk and that our services are provided "As Is" and "As Available". http://www.jacobhino.com.au does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the http://www.jacobhino.com.au website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability
You understand and agree that http://www.jacobhino.com.au and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not http://www.jacobhino.com.au has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of http://www.jacobhino.com.au is limited to the greatest extent permitted by law.

8. External Content
http://www.jacobhino.com.au may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that http://www.jacobhino.com.au is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by http://www.jacobhino.com.au to resolve any legal matter arising from this agreement or related to your use of http://www.jacobhino.com.au. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and http://www.jacobhino.com.au. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms
http://www.jacobhino.com.au reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of http://www.jacobhino.com.au after any changes to Terms will signify your agreement to be bound by them.

Privacy

Your privacy is very important to us, accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Complaints

We consider compliance with the privacy laws and principles highly important in servicing you as a customer of our Dealership.  If you have any concerns or if you would like to lodge a compliant because you believe we have breached our privacy obligations, please contact us via phone, email or at our physical address.

An appropriate member of staff will address your complaint.

Cookies

On our web site we utilise cookies which enable us to provide a more interactive experience to our customers and serve you more efficiently if you revisit the site.  We also use cookies for traffic analysis, a cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

If you have concerns around cookies, please reject the use of cookies when visiting our web site.

Accuracy of Information

We may update, modify or delete any information contained within or accessible through our web site at any time without notice.

We do not warrant that the information contained within or accessible through our web site is accurate, without error or contain information relating to overseas models. All images, specifications, videos and comments should be verified with us before the time of purchase.

Access / Updating Your Information

We appreciate your help in keeping your details up-to-date by contacting us when such information changes.  Please email us changes to your name, address, phone, email or vehicle ownership.

You have rights to access your personal information held by us subject to the provisions of the Privacy Act 1988 (Cth). If you would like to correct or update your personal information, or seek access to your information, please contact us either by phone, email or at our physical address.  

If you have any comments in regard to the information contained within this page or should you want to make an enquiry regardling personal information relating to you that we may in our possession, please contact us via phone, email or at our physical address.