Mitsubishi Motors Australia Limited � 4WD4Life
Website Terms of Use

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE").
THE TERMS CONSTITUTE AN AGREEMENT BETWEEN MITSUBISHI MOTORS AUSTRALIA LIMITED (ABN 53 007 870 395) ("MITSUBISHI") AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE.
BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORISED TO REPRESENT
("YOU" OR "YOUR") ARE DEEMED TO HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE. MITSUBISHI RESERVES THE RIGHT TO REFUSE OR DISCONTINUE ACCESS TO THE SITE TO ANY USER FOR NON-COMPLIANCE WITH THESE TERMS OF USE.

Mitsubishi may amend these Terms at any time by posting the amended terms on the Site. Any new version of the Terms shall be deemed to be the Terms and shall apply as soon as such new Terms are posted. Your continued use of the Site following any change will be conclusively deemed acceptance of any change to these Terms. You should review these Terms periodically to see if any changes have been made. These Terms were developed on 26/06/08.

  1. Registration and Account Creation. As part of the registration and account creation process required to access the Site, You will select a User ID (username / email address) and a password. You will provide Mitsubishi with certain registration information, all of which must be accurate and updated by You if such information changes. You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your user account.
  2. Modifications. Mitsubishi reserves the right to modify or discontinue the Site (or any part thereof) without notice. Mitsubishi shall not be liable to any third party for any modification, suspension or discontinuance of the Site.
  3. Privacy and Security. The use of your personal information is governed by the terms of our Privacy Policy. The Privacy Policy is located at www.mitsubishi-motors.com.au which may change from time to time and is incorporated herein and made a part of these Terms.
  4. Intellectual Property. Materials on the Site, including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (the "Online Materials") are owned or licensed by Mitsubishi, or by a participating contributor or consultant. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. Mitsubishi does not convey, through allowing access to the Site, any ownership rights in the Site or in any Online Materials. No Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of Mitsubishi. Any infringing or unauthorized use of the Online Material and any attempt to modify any Online Material, to defeat security features, or to utilise this Site or the Online Materials for other than its intended purposes is prohibited.
  5. Sponsors, Third Parties, Advertisers, Links. The Site may contain links to other websites. Mitsubishi is not responsible for and makes no representations with respect to the content, accuracy or opinions expressed in such websites (other than Mitsubishi's other websites), and such websites are not investigated, monitored or checked for accuracy or completeness by Mitsubishi. Mitsubishi does not warrant that information on any third party website is free from computer viruses or any defect, error or infringement of intellectual property rights. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Mitsubishi.
    If you decide to leave the Site and access these third-party sites, and/or use the products or services of such websites, you do so at your own risk.
    Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Site, including, but not limited to, online retail websites, social networking websites, information portals and payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that Mitsubishi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Site, or as a result of links to other websites.
    All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on such sites. Mitsubishi is not responsible for information provided by you to merchants.
    You agree to request our permission before either linking to the Site (other than to the main address at 4WD4LIFE.com.au) or "framing" the content of the Site. You agree that you will not link to the Site in a manner that is misleading or deceptive or likely to harm Mitsubishi's reputation or goodwill.
  6. Proposed Product and Service Offerings. All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services described on the Site. Mitsubishi reserves the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.
  7. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, content, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use:
    You may not:
    1. Copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom other than as permitted under the Copyright Act 1968;
    2. Use the Site or any Content and Materials obtained from the Site to develop, or use as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, subscription, or any other mechanism without the explicit written permission from us;
    3. Submit or transmit any message or Content and Materials that is libelous or defamatory, obscene, vulgar, hateful, threatening or abusive or violates any third party's copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information, or would constitute, or that encourage conduct that would constitute a criminal offense, give r6/28/2008ise to civil liability, or otherwise violate law;
    4. Submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened;
    5. Submit or transmit any Content and Materials that would (if included in an advertisement for vehicles) breach the Voluntary Code of Practice for Motor Vehicle Advertising;
    6. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
    7. Obtain or accumulate personal information about individual users or collect or store personal data about other users;
    8. "Stalk" or otherwise harass a computer user;
    9. Interfere with other users use of the Site, including, without limitation, disrupting the normal flow or use of the Site; or
    10. Post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.
      We reserve the right to share information you provide (including any identifying information you provide) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, any situations involving threats or potential harm to the physical safety of any person or property, or if required by law (such as if required by a subpoena, court orders or other legal means).
      It is our general policy to protect the privacy of the persons transmitting any messages to us through the Site. By sending a submission to us through the Site, the user automatically authorises us to read it, edit it, and publish it on the Site or any of our future publications and authorise other organisations to publish it.
      We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these Terms.
  8. Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other Content and Materials appearing on the Site.
    You acknowledge that Mitsubishi may not monitor or control the content of any Contributions on the Site made by other users and that such other users are responsible for their Contributions.
  9. Release for all Content and Materials posted or uploaded by you (including but not limited to photographs, videos and/or written material) ("Contributions"). You confirm that all Contributions that you post now or in the future on the Site are original to you, or that you have full right and authority to allow such Contributions to be used, posted, exhibited or reproduced on the Site. You confirm that, to your knowledge, none of your Contributions will infringe or violate the rights of others (including rights under the Privacy Act 1988), and you warrant that your Contributions are not vulgar, obscene, or embarrassing. If any of the Contributions require permission for posting or display on the Site, you warrant that you have obtained such permission from all owners of those rights.
    You acknowledge, understand, and agree that neither the Site, nor its administrators, owners, affiliates, and/or partners will be responsible or liable to you or any third parties in any way for using, posting, exhibiting or reproducing the Contributions posted or uploaded by you on the Site.
    Mitsubishi may review all Contributions posted to the Site, and may remove, without notice or liability to you, any Contributions we find objectionable at our sole discretion. You understand that if you post Contributions in violation of these Terms, we may immediately prevent you from posting additional Contributions, and may terminate your membership, at our sole discretion and without notice or liability to you.
    Any Contributions (including but not limited to comments, feedback, materials, testimonials, criticisms, questions, or letters or the like) sent or posted by you to Mitsubishi regarding the Site, resources, articles, links, among other things shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. If you wish to retain the confidentiality of your Contributions, do not submit Contributions to us.
    Mitsubishi shall have no obligation of any kind with respect to such Contributions and Mitsubishi will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Contributions without limitation or restriction. By uploading or submitting Contributions to the Site you automatically grant (or warrant that the owner of such rights has expressly granted) Mitsubishi a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works and distribute such Contributions or incorporate such Contributions into any form, medium or technology now known or later developed. This will apply even if your Contributions include a statement as to confidentiality or any other Intellectual Property ownership rights contrary to these Terms. Furthermore, Mitsubishi is free to use any ideas, concepts, know-how, or techniques contained in any of the Contributions you post or send to Mitsubishi (including via the Site) for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such Contributions, without compensation or any other obligations to you.
    In addition you agree to waive all moral rights in the Contributions (or warrant that all moral rights in the Contributions have been waived).
  10. No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS VAILABLE" BASIS. MITSUBISHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), EXCEPT ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH WOULD CAUSE ANY PART OF THESE TERMS TO BE VOID ("NON-EXCLUDABLE CONDITION").
      MITSUBISHI'S LIABILITY TO YOU FOR BREACH OF ANY NON-EXCLUDABLE CONDITION (OTHER THAN IMPLIED BY SECTION 69 OF THE TRADE PRACTICES ACT 1974 (CTH)) IS LIMITED, AT OUR OPTION, TO SUPPLYING THE RELEVANT SERVICES AGAIN OR PAYING THE COST OF RE-SUPPLYING THOSE SERVICES, EXCEPT WHERE THE SERVICES ARE OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION.
    2. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MITSUBISHI IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SITE PROVIDES INFORMATION OF A GENERAL NATURE AND IS DESIGNED FOR LEISURE PURPOSES ONLY. YOU SHOULD NOT RELY ON ANY CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE. MITSUBISHI DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCT, PROCEDURE, OPINION OR ANY OTHER INFORMATION CONTAINED ON THIS SITE.
    3. MITSUBISHI MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (vi) THAT THIS SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A PROCEDURE OUTSIDE THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. USE OF THE SITE AND THE INTERNET GENERALLY IS AT THE USER'S OWN RISK.
  11. Limitation of Liability. You expressly understand and agree that Mitsubishi, its parent, subsidiaries, affiliates, officers, directors, employees, clients, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, (even if Mitsubishi has been advised of the possibility of such damages), resulting from (i) the use or inability to use the service; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any user or any third party on the Site; or (v) any other matter relating to the Site.
    You expressly understand that all of the Content and Materials and tools on the Site are offered for informational purposes only. Mitsubishi does not claim to be expert in any medical or medically-related field. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional.
  12. Indemnification. You agree to indemnify, defend and hold Mitsubishi, its parent, subsidiaries, affiliates, officers, directors employees, clients and agents harmless from any claim or demand, including costs and legal costs, made or incurred by any third party due to or arising out of your breach of these Terms, the documents incorporated by reference herein, or Your use of the Site.
  13. Restrictions on Use, Legal Compliance and User Disputes. You may not use the Site or its Content and Materials for any illegal purpose in Your jurisdiction or in any manner inconsistent with these Terms. You agree to use the Site solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You will not use the Site to publish material for any commercial purpose or any material containing any solicitation of funds, promotion, advertising or solicitation for goods and services without the express permission of Mitsubishi. You shall comply with all applicable Australian and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. Mitsubishi may delete any Content and Materials that in the sole judgment of Mitsubishi violates these Terms or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. You are solely responsible for your interactions with other users of the Site. Mitsubishi reserves the right, but has no obligation, to monitor interaction between you and other users or Your use of the Site.
  14. Termination. Mitsubishi may discontinue or suspend the Site at any time without notice, and Mitsubishi may block, terminate or suspend Your access to any section of the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to other users. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Mitsubishi shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
  15. Communications and Notices. You consent to receive information from Mitsubishi electronically. Mitsubishi may communicate with users by email or by posting notices on the Site. You agree that all Terms of Use, notices, disclosures, and other communications that Mitsubishi provides to you electronically satisfies any legal requirement that such communication may be in writing. Mitsubishi reserves the right but assumes no obligations to provide communications in paper format.
  16. Assignability. Your right to use the Site is personal to you and you may not sub-license, transfer, sell or assign these Terms to any third party without our prior written approval. Any attempt to do so will be void. You agree that the Terms may be automatically assigned by Mitsubishi, in its sole discretion.
  17. Entire Terms of Use and Severability. These Terms constitutes the entire Terms between you and Mitsubishi regarding your use of the Site. If any provision of these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible or severed from these Terms and the other provisions of these Terms will remain in force.

For any questions regarding these Terms or to report any violations, please write to us at Mitsubishi Motors Australia Limited 1284 South Road Clovelly Park SA 5039 or email [email protected]