TERMS OF USE




1. Introduction


EMU RV PTY LTD trading as EMU RV ('we', 'us' or 'our') provides the services available on the Site and through the office and showroom ('the Retail Store') to you subject to the following terms and conditions (the 'Terms of Use'). By accessing or using the Site and the Retail Store, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use and our Privacy Policy.



2. Business Details


EMU RV is the provider of motorhome and caravan sales and purchases through the Retail Store which operates from 1 Willett Close Cranebrook 2749, Australia ABN 75615 978 400 and Dealer License MD062917.



3. Eligibility


All individuals over eighteen years of age are eligible to enter contracts to purchase our motorhomes and caravans and use our Site and visit our Retail Store.



4. Fee and Charges


Fees and charges for motorhomes and caravans are advertised and can be negotiated on an individual basis. Any finance facilitated by EMU RV is separately regulated by the affiliate and partner companies, and these Terms of Use are not applicable to any financial products.



5. Your Obligations and Responsibilities


In the access or use of the Site or the Retail Store, you shall comply with these Terms of Use. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to EMU RV, our affiliates, or partners.



6. Third Party Links


We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.



7. Representations and Warranties; Limitation of Liability


The site is presented 'as is'. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms of Use or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred sterling as applicable or the value of the goods ordered whichever is greater. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.



8. Indemnification


You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable lawyers' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or the Clinic. You also agree to indemnify us for any loss, damages, or costs, including reasonable lawyers' fees, resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.



9. Complaints


If you have any complaints or wish to discuss any matter in respect of the Site or goods please email us at marty@emurv.com.au



10. Disputes


Your use of this Site and the Retail Store shall be governed by NSW and Australian law and the parties hereto submit to the exclusive jurisdiction of the Commonwealth of Australia's Federal, State and Territory courts.



11. General


You acknowledge and agree that these Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site or the Retail Store, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site.

We have taken great measures to ensure that your visit to EMU RV is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at marty@emurv.com.au