By accessing and using the Subaru Online Lifestyle Shop website (Lifestyle Shop), you agree to be bound by and abide by the following terms and conditions. Your access to and use of the Lifestyle Shop is also subject to Subaru (Aust) Pty Limited's (Subaru's)  Privacy  Policy .  These terms and conditions and Subaru's Privacy Policy may be changed by Subaru at any time without prior notice. 

 

Copyright

 

Copyright and other intellectual property rights in all text, graphics, content, information and other material (Material) contained on the Lifestyle Shop is owned by or licensed to Subaru.  Except to the extent required to view and purchase products from the Lifestyle Shop, you are not authorised to download, copy, reproduce, broadcast, communicate, display or use for any other purpose, any of that Material.

 

No contract will be formed between us until your order has been accepted by Subaru, and you have received that acceptance.  The contract will be deemed to be formed at the time and place where you receive Subaru's acceptance.  You warrant that any purchase made by you from the Lifestyle Shop is not for the purposes of commercial on-sale. 

Your Statutory Rights  

 

If you make a purchase from the Lifestyle Shop, the Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between us, or may give you certain non-excludable remedies against Subaru (Statutory  Rights).  If Subaru breaches a non-excludable term, condition or warranty, then Subaru's liability for that breach will be limited (at Subaru's option) to the replacement of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired.

 

 

Except as expressly provided in these terms and conditions, or as required by law (including under your Statutory Rights), Subaru excludes all warranties, undertakings, conditions, terms and obligations, of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Material on the Lifestyle Shop or the products appearing on or purchased from the Lifestyle Shop. 

 

Limitation of Liability  

 

Without limiting the previous paragraph, and except as required by law (including under your Statutory Rights), Subaru will not be liable (including in negligence) for (a) any loss of profits or any direct, indirect or consequential loss or damage incurred by you or any other person arising directly or indirectly from, or (b) any cost, loss, liability or expense arising from death, injury or damage to property resulting directly or indirectly from, your use of the Lifestyle Shop (or any linked website) or any products purchased from the Lifestyle Shop.

 

General  

 

The laws of New South Wales govern these terms and conditions, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.  These terms and conditions and Subaru's Privacy Policy are the entire agreement between the parties as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.

 

December, 2004