Terms and Conditions

FMP Website

1.1 These Terms and Conditions of Use ("Terms") apply to this website www.bendixmoto.co.nz ("Website"), which is operated by FMP Group (Australia) Pty Limited ("FMP", "we", "us", or "our").

1.2 Your access to and use of the Website is provided subject to these Terms. By using the Website, you are agreeing to be bound by them. If you do not accept one or more of the Terms, you must not use the Website.

1.3 FMP reserves the right to change these Terms at any time and by using the Website following any changes you are agreeing to be bound by them.

1.4 If you object to any of these Terms or any changes to the Terms your only recourse is to immediately stop using the Website.

1.5 You are provided with a revocable and non-exclusive right to:

• view the materials in the Website;
• access the materials in the Website; and
• use the Website strictly in accordance with these Terms.

1.6 You agree to comply with all laws when accessing and using the Website.

1.7 FMP may terminate access to the Website at any time without notice. These Terms will survive any such termination.

1.8 If FMP waives any rights available to it under these Terms on one occasion, this does not means that those rights will automatically be waived on any other occasion.

1.9 If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms will continue in full force.

2. Intellectual property

2.1 All materials on the Website (including without limitation all trade marks and other intellectual property of any kind, brands, product names, logos, images, videos, information, descriptions and digital content) ("materials") are owned (or used under licence) by FMP or its related entities.

2.2 Except for the limited purposes stated below, you must not copy or use any materials from the Website without FMP's prior written permission. It is an infringement of intellectual property rights for you to copy or use any materials from the Website other than in accordance with these Terms (except if you have our prior written permission to do so).

3. Your Website access licence

3.1 Except as permitted under the Copyright Act 1968 (Cth), and as referred to below, you are not permitted to copy, reproduce, publish, communicate to the public, distribute or display any of the materials on our Website without our prior written permission.

3.2 When you visit the Website, FMP gives you a limited licence to access and use the materials for your personal use only.

3.3 Where the Website permits this, you may download a copy of the materials on the Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.

3.4 You must not use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.

3.5 You must not use any of the materials on the Website for any commercial purpose (including without limitation in connection with your business), except for the use of images from the Image Gallery in the Members Area strictly in accordance with the terms and conditions set out in the Limited Intellectual Property Licence (which you must accept prior to accessing those images).

4. Disclaimer and limitation of liability

4.1 The material in the Website provides general information only. It is not intended as advice and must not be relied on as such. The material has not been prepared by taking into account your individual circumstances or requirements. You should make your own enquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. We are not responsible for any damage or loss you may incur as a result of your selection or use of our goods based on information on the Website (including without limitation, damage or loss in connection with your failure to select the correct or appropriate good for your vehicle or your failure to properly install a good).

4.2 FMP may change, add or remove any material in or from the Website without notice.

4.3 FMP tries to ensure that all information on the Website including but not limited to all descriptions of our goods is accurate and current, however FMP does not warrant that it is accurate and current at all times.

4.4 Images on the Website have been provided for illustrative purposes only and FMP does not guarantee that the images exactly portray the colour, design, appearance, function or options relating to a particular good.

4.5 FMP tries to ensure that the Website is free of any virus, worm, trojan and/or malware, however FMP is not responsible for any damage to your computer system in connection with your use of the Website or any linked website.

4.6 FMP may host third party content on the Website such as advertisements and endorsements belonging to third parties. FMP is not responsible for that content.

4.7 FMP may provide for your convenience hyperlinks to other websites from the Website. FMP is not responsible for the content of those websites. In providing a hyperlink FMP is not suggesting that FMP endorses, supports or sponsors that website, its owner or the goods or services they may provide.

4.8 If you want to link to the Website, you can only do so with FMP's consent, and at your expense. You cannot alter any of the Website's contents or materials in doing so, and deep linking and framing is not permitted.

4.9 In general, FMP believes that the Website's links to publicly accessible third party pages is legally permissible and consistent with the common expectations of those who use the internet. If you do not want the Website to link to your site, you should notify FMP in writing and FMP will remove the link.

4.10 To the extent permitted by law, all implied conditions, warranties, guarantees and undertakings are expressly excluded, including without limitation in connection with your use of the Website or any supply of goods by FMP to you.

4.11 You release absolutely and forever discharge FMP from any claim, complaint, action, proceeding, suit or demand of any kind which you may have against FMP arising out of or in connection with:

• any use of the Website or any other website to which the Website is linked;
• any error in or omission from the material in the Website;
• any action or decision by you in reliance on the material in the Website;
• any use of the materials in the Website infringing any patent, trademark, copyright or other intellectual property right of any person;
• any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software; or
• any breach of contract by FMP or any negligence of FMP, its officers, employees, contractors or agents.

5. Use of information

5.1 Any idea, comment, feedback, or suggestion which you provide to FMP becomes FMP's property and FMP is free to use it in whatever way FMP wishes for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted it to the Website or to FMP. You warrant that it is original and does not infringe the intellectual property rights of third parties.

5.2 You warrant that all information or content you provide to FMP (via the Website or otherwise) is complete, true, accurate and not misleading and that you will notify FMP as soon as practicable if changes to the information or content are required. You must not provide any information or content which is fraudulent, defamatory or offensive, which infringes the intellectual property rights of any third party, or which violates any law.

5.3 By accessing the Website, you consent to FMP's Privacy Policy, a copy of which is available at https://www.bendixmoto.co.nz/privacy.

6. Governing Law

6.1 The laws of the State of Victoria, Australia govern these Terms. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.