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Vehicle Dealers International Pty Ltd. Australian Yutong Bus Portal Conditions of Use.

 

General

Vehicle Dealers International Pty Ltd, trading as VDI Australia, is the Australian Yutong Vehicle and Parts Distributor.

The Australian Yutong Bus Portal (the Portal) is a service provided by VDI Australia for the following purposes:

  1. informing its Customers,
  2. enabling Customers to provide information to VDI Australia, and
  3. providing information and commercial services to Business Partners such as Authorised Service Agents.

By accessing or otherwise using the Portal you agree to be bound by these conditions of use and you acknowledge that VDI Australia provides the Portal to you on these conditions of use. VDI Australia is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Portal at any time without notice. Your continued use of the Portal after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

 

Intellectual Property Protection

VDI Australia is authorised to use all intellectual property in the VDI Yutong Bus Portal, unless indicated otherwise.

Subject to these conditions of use, VDI Australia grants to you a non-exclusive and non-transferable limited licence to do the following:

  • View and download information directly accessible through the Portal noting Zhengzhou Yutong Bus Co. Ltd (Yutong) reseve the right to modify and amend manuals.
  • Use information directly accessible through the Portal.
  • You agree that, subject to your use of the Portal in accordance with the limited licence granted to you, you will not infringe VDI Australia's or Yutong intellectual property in the Portal and will not modify, copy, republish, frame, distribute or communicate any part of the Portal or any information contained therein or otherwise use them in a way which will infringe VDI Australia, or a Yutong Bus Centre, or Yutong’s intellectual property or other property rights.

 

Disclaimer

Except as provided by law, the Portal is provided "as is" and without any warranty or condition, express or implied.

VDI Australia does not warrant that the information contained in or accessible through the Portal is accurate, suitable for your purposes or without errors, omissions or viruses nor does VDI Australia guarantee continuous, uninterrupted or secure access to the Portal.

 

Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Portal, you agree that such Content will be available to VDI Australia to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services VDI Australia considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Portal or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Portal or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

 

You agree to grant VDI Australia a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

 

Limitation of Liability

You agree that VDI Australia is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Portal, the use by VDI Australia of information provided by you to VDI Australia through the Portal or any such loss or damage which may arise should you be unable to access the Portal, for whatever reason and however arising, including negligence. To the extent that VDI Australia is able to limit the remedies available under these conditions of use, VDI Australia expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at VDI Australia's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify VDI Australia against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

 

Breach and termination

If you breach any provision of these terms of use VDI Australia may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Portal. In any event, VDI Australia may terminate these terms of use (and your right to use the Portal) at any time and for any reason without prior notice to you.

 

Choice of Law and Use of Portal

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Queensland, Australia. VDI Australia has designed the Portal for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Portal outside the Commonwealth of Australia. The Portal is available only to people in Australia who can form legally binding contracts under applicable law.

 

No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and VDI Australia by these terms of use.

 

Defined Terms

  • “Business Partner”means any licensed motor dealer and/or repairer to whom VDI Australia or authorised Yutong Bus Centre, grants access to the Business Partner section of the Portal and includes officers agents and employees of the licensed motor dealer and/or repairer.
  • “Customer” means existing or potential customers of VDI Australia or authorised Yutong Bus Centre or persons accessing or otherwise using the Portal for domestic or commercial purposes, other than Business Partners.
  • “Portal” means the website accessible through the following address https://kb.vdiaustralia.com.au/technical operated by Vehicle Dealers International Pty Ltd, ACN 611 179 447.
  • “VDI Australia” means Vehicle Dealers International Pty Ltd, ACN 611 179 447, the Australia distributor of Yutong Vehicles and Parts.
  • “Yutong” means global bus and coach manufacturer, Zhengzhou Yutong Bus Co. Ltd and its Australian subsidiary, Yutong Australia Pty Ltd, ACN 163 171 042.
  • “Yutong Bus Centre” means:
      1. VDI Dealership Pty Ltd, ABN 96 662 410 022, trading as Yutong Bus Centre Sydney and Yutong Bus Centre Melbourne;
      2. The Trustee for The Woodies Investment Trust, ABN 84 109 594 520 trading as Yutong Bus Centre Brisbane and Yutong Bus Centre Cairns;
      3. WA Bus and EV Solutions Pty Ltd, ABN 73 664 500 609, trading as Yutong Bus Centre WA.
  • “You” means Business Partners or Customers of VDI Australia or authorised Yutong Bus Centres as the case may be.