Website Terms of Use
Welcome to the website of Boeing Trailers (AU) Pty Ltd (ABN 75 624 591 108) (“we”, “us” or “Boeing Trailers”), a leading manufacturer and supplier of marine trailers, accessories and trailer repairs in Australia.
This website is located on the web via the domain www.boeingtrailers.com.au and includes all of the files located in that domain (“this site”).
By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and Boeing Trailers and govern your use of this site.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://www.boeingtrailers.com.au/privacy-policy) which is incorporated by reference into these Website Terms of Use.
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to Boeing Trailers at law or in equity, Boeing Trailers reserves the right to, without notice:
Requirement for registration
Boeing Trailers reserves the right to make any parts of this site accessible only to users who have registered and in particular if you wish to register your warranty.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. Boeing Trailers will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Boeing Trailers will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify Boeing Trailers immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Website Terms of Use and provide Boeing Trailers with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Boeing Trailers that all information provided to Boeing Trailers by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Approval of registrations
Boeing Trailers reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
All Proprietary Content is the property of Boeing Trailers or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Boeing Trailers or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Boeing Trailers. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Boeing Trailers.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Boeing Trailers reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
You indemnify and hold harmless Boeing Trailers and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOEING TRAILERS AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Boeing Trailers and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
Exclusion of liability
To the maximum extent permitted by law, Boeing Trailers and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, Boeing Trailers and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Boeing Trailers’s sole discretion):
Release
You agree that your use of this site is at your own discretion and risk. You agree to release Boeing Trailers and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. Boeing Trailers may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Boeing Trailers excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Boeing Trailers, and Boeing Trailers shall be entitled to a reasonable extension of time for the performance of such obligations.
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
Notifications
Boeing Trailers may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Boeing Trailers’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
Boeing Trailers may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Boeing Trailers to act with respect to a breach by you or others does not waive Boeing Trailers’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
Boeing Trailers reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.
You may only vary or amend these Website Terms of Use by written agreement with Boeing Trailers.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
YOU MUST NOT:
use this site to transmit any information or material that is, or may reasonably be considered to be abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way, libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised; infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right.