TERMS & CONDITIONS
TERMS & CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.pasomotors.com website (the “Service”) operated by Paso Motors PTY LTD (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
PURCHASES
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Paso Motors PTY LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Paso Motors PTY LTD. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Paso Motors PTY LTD.
Paso Motors PTY LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Paso Motors PTY LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
INDEMNIFICATION
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
LIMITATION OF LIABILITY
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Paso Motors PTY LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
CONTACT US
If you have any questions about these Terms, please contact us.
Summer 2024 Paso Motors XF300 Bike Giveaway – Prize Draw in association with The Glenroy Hotel, Parkview Hotel and Lion Brewery
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.
- Promoter: Paso Motors PTY LTD
- Promotional period: Promotion opens 15th January 2024 and closes 20th April 2024.
- Eligibility: Entry is open to anyone over the age of 18. Prize draw is subject to all local laws and regulations where offered.
- Entry Instructions: participants must purchase any main meal or Lion drink (as advertised) from The Glenroy Hotel or Parkview Hotel and complete the entry form on the ticket to validate entry. Where the participants have Facebook or Instagram, participants must be following Paso Motors and The Glenroy Hotel and/or Parkview Hotel on either Instagram or Facebook for their entry to be valid. Participants can enter the prize draw as many times as they like.
- Winner Selection: One (1) winner will be picked at random from all valid entries within the qualifying period. If a winner declines the prize their entry will be declared void and a further draw will be made. This process will be repeated until one (1) winner is drawn.
- The chosen winners will be contacted via Facebook, Instagram mobile phone or email and asked for an email with instructions to redeem their prize.
- If the chosen winners fail to respond by 6pm on the 30th of April 2024, it shall be assumed that they are unavailable to redeem their prize, and another draw will be made.
- Prize Fund: The prize is a new Paso XF300 motorcycle provided by Paso Motors and Lion Brewery.
- The winner will be notified before 6pm on the 21st of April 2024.
- No purchase necessary. Unlimited entries per person.
- All images are for illustrative purposes only.
- General: Winner’s full names and countries will be available for a period of 3 (three) months upon request. For name of winner please contact Paso Motors PTY LTD after the date of 20th April 2024.
- Publication of Prize Winner’s Entry: By entering the Promotion the entrant agrees that their entry may be published on the Promoter’s social media platforms, including Facebook, Instagram and in other media, including press release material, at the Promoter’s sole discretion. Entry to the prize draw signifies acceptance of any publicity activity as a result of winning a prize. Refusal to take part in any reasonable publicity activity advised by the Promoter entitles the Promoter to withdraw the prize and award it elsewhere. Publicity related to this prize draw will at a minimum include the release of the winner’s name to those who contact the Promoter to obtain the name of the winner.
- Prize is non-transferable.
- The promoter does not accept liability for any losses or claims whatsoever arising out of participating in the promotion or accepting the prize. This does not affect user’s statutory rights.
- Users are responsible for all costs and expenses relating to participation in the promotion, such as the cost of accessing the internet.
- Except as otherwise required by applicable law, the Promoter accepts no responsibility or liability for lost, late, damaged, corrupted or misdirected entries or claims and the Promoter is not responsible for any late or misdirected delivery of communications (email or otherwise), except in the event of wilful intent on the part of the Promoter or its agents.
- By entering this promotion, you agree to these terms and conditions which will at that time become binding between you and the Promoter.
- Except in the case of death or personal injury arising from its negligence or in respect of fraud and so far, as is permitted by law, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the prize details beyond the Promoter’s control and for any act or default of any third-party supplier.
- The Promoter reserves the right to verify all entries and the winner and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions, and these will be binding, and no correspondence will be entered into.
- Any question concerning the legal interpretation of the rules will be based on Australian law and the Courts of Australia will have exclusive jurisdiction.
- By entering the prize draw participant agrees to accept and abide by these Terms & Conditions and agrees that any dispute with regard to the conduct of this promotion, rule interpretation or award of prize shall be submitted to Promoter, whose decision shall be binding and final. Promoter reserves the right to amend these terms and conditions at any time. Except where prohibited, each Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Australia; (2) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, ‘Special Damages’); and (4) Participant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Australian law governs the promotion and all aspects related thereto.
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
- To the fullest extent permitted by law and excluding death or permanent injury caused as a result of the Promoter’s negligence, the Promoter accepts no liability for loss or injury as a result of the Promotion or receipt or misuse of any prize.
- Data Protection: All personal data submitted in connection with the promotion will be processed by the promoter and appointed third parties for the purposes of administering and managing the promotion and prize (where applicable) and verifying the eligibility of each participant. The promoter will not use any personal data for any other purposes without the consent of the relevant participant. By participating in the promotion, each entrant consents to the use of their personal data in accordance with these terms and conditions. For Paso Motors privacy policy click here.
- The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.