NYK Australia Pty Ltd – Website Terms of Use

Last updated: 27/02/2023

1. Background
1.1 The website available at – nykroroaustralia.com.au (the Website) is owned and operated by NYK Australia Pty Ltd (ABN 94 003 598 623) and its related entities (we, us, our).
1.2 By using the Website, and in consideration of us providing you with access to the Website, you agree to the following Website Terms of Use, which govern your access to and use of the Website.
1.3 In these Website Terms of Use, “you” refers to:
(a) you as an individual; and
(b) if you are using the Website on behalf of an entity (such as a company or other organisation), that entity.
1.4 If you do not agree to these Website Terms of Use, you must not use or access the Website. If you are agreeing to these Website Terms of Use on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to these Website Terms of Use, neither you nor the entity may use the Website.
1.5 We reserve the right to amend these Website Terms of Use from time to time without giving specific notice to you. We will publish the amended Website Terms of Use on the Website.
1.6 You should periodically review the Website Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms of Use.

2. Changes to the Website
2.1 In respect of the Website, we may, from time to time and without notice:
(a) change, add to, or remove content or functionality of those parts of the Website; and
(b) cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of those parts of the Website.

3. Requirements when you use the Website
3.1 You must:
(a) not use the Website in breach of any applicable laws or regulations;
(b) not use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) not frame or mirror any part of the Website without our written authorisation; and
(d) not interfere with, disrupt, or create an undue burden on the Website.
3.2 Without limiting the above, you must not and must not permit a third party to:
(a) use any unauthorised method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the Website;
(b) circumvent, disable or otherwise interfere with security-related features of the Website; or
(c) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.
3.3 You agree to indemnify us against any third party claims made against us as a result of your breach of these Website Terms of Use, including claims that any of your Feedback and Comments (defined below) infringe third party rights or any laws. Your liability under this indemnity will be reduced to the extent the claim was caused or contributed to by our breach of these Website Terms of Use, or our negligent or unlawful conduct.

4. Investigating prohibited uses of the Website
4.1 We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user.
4.2 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of the services and our reputation. These actions may include (but are not limited to) reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

5. Intellectual Property
5.1 Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Content are reserved.
5.2 We grant you a limited right to access the Website and view the Website Content, subject to these Terms. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content. We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.

6. Linking Third Party Content
6.1 The Website may contain links to, or display the content of, third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
6.2 Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
6.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

7. Privacy
7.1 By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms of Use and any other privacy notices that we provide you during your use of the Website.
7.2 When you use the Website and the services, we may collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:
(a) any specific purposes for which you provided it to us;
(b) the general operation of the Website, so that you can access and use the functions and services of the Website; and
(c) other purposes as otherwise notified to you.
7.3 Our general Privacy Policy (available here), which describes how we collect and handle personal information in the course of its business operations as a whole.

8. Australian Consumer Law
8.1 In this clause, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.
8.2 The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Website Terms of Use has the effect of excluding, restricting or modifying a Consumer’s rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified.

9. Disclaimer
9.1 Where you are using the Website, you agree that:
(a) where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) the Website and the Website Content are provided “as is”. By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
(i) any term, condition or warranty that may otherwise be implied into these Website Terms of Use, including (but not limited to) any term, condition or warranty that:
(A) the Website or any of its functions will be uninterrupted or error free;
(B) defects will be corrected; or
(C) the Website or any server that makes it available is free of errors, viruses or malicious code;
(ii) any liability for loss or damage incurred as a result of or in connection with our negligence; and
(iii) any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the Website Content, the use or performance of the Website or any services provided by us in relation to the Website.

10. Jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

11. Contact details
If you have any queries regarding these terms and conditions, please email NYKAU.ML.PRIVACY@nykgroup.com