4 April, 2023
1. Acknowledgement and acceptance of General Terms
Your access to, use of, and linking to, www.boomerangmotorhomes.com (BMH Site) and use of content on the BMH Site is confirmation that you have understood these general terms and conditions of access and use (Terms) and constitutes your agreement to be bound by the Terms. Boomerang Motorhomes Pty Limited (BMH or ‘we’) reserves the right to amend the Terms at any time and users are deemed to be aware of, and bound by, the amendments to the Terms upon publication on the BMH Site. Accordingly, we recommend that you review the Terms periodically.
2. Using the Website
You agree to:
- use the Website for lawful purposes only and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use;
- not misuse, modify, adapt, reproduce, distribute, publish or sell any content (including all text, graphics, logos, audio and software) (Content) on the Website; and
- take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or otherwise.
3. Accuracy and completeness of information
The Website is provided ‘as is’ and ‘as available’. The Content contained in the Website is not comprehensive, is only intended to provide a summary of the subject matter covered. To the maximum extent permitted by law, including Australian Consumer Law (as applicable), we make no warranties or representations about the Website or the Content, including that the operation of the Website will be secure, confidential, uninterrupted, error-free or free from computer viruses or Trojans, or that the Content is accurate, complete or up-to-date. You should monitor the changes to the Content on the Website.
We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content on it, or any feature of the Website at any time without notice. We may also, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. We will not be responsible for any loss, cost, damage or liability that may arise as a result or any of the foregoing.
4. Intellectual Property Rights
You acknowledge and agree that (unless otherwise indicated) all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in the Content are owned by us, or licensed by us from third parties. Nothing in these Terms constitutes a transfer to you of any rights, title or interest in the Website or Content. Any reproduction or redistribution of the Website or the Content is prohibited and may result in civil and criminal penalties.
5. Linked sites
The Website may contain links to websites operated by third parties. Those links are provided for convenience only. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6. Our liability
You use the Website at your sole risk. To the maximum extent permitted by law, including under Australian Consumer Law (as applicable), in no event will we be liable to you or anyone else for:
- the Website being unavailable at any time for any period of time or if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website or the Content;
- any Content that is incorrect, inaccurate or incomplete;
- any terms or conditions implied by statute or law, unless we are not permitted at law to exclude such items or conditions;
- any negligence by us, our employees, agents, consultants or subcontractors in connection with your use of the Website or your reliance on the Content; or
- any direct or indirect loss, damage or expense (including loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damage), however it arises, whether in contract, statute or tort, arising out of, or in connection with the Website and or the Content, or in connection with any act or omission by us.
7. General
If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
These Terms are governed by, and will be construed in accordance with the laws of New South Wales, Australia. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts.
