Mack Trucks Australia

Volvo Group Australia Pty Ltd (ABN 27 000 761 259), trading as Mack Trucks Australia ("Mack") provides and maintains this site (the "Site") as a general guide to the products and accessories offered by Mack. The contents are designed to comply with Australian laws and regulations only. Persons accessing the Site from outside of Australia should take note that the Site is intended for use only within Australia.

Your access and use of the Site is subject to all applicable laws and also conditional upon your acceptance of the following terms and conditions ("Terms and Conditions"), which Mack reserves the right to amend at any time without any notification obligation. As you will be bound by these amendments, you should review the Terms and Conditions from time to time. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.

Terms and Conditions

1. Everything you see or read on the Site is copyrighted to Mack a subsidiary of AB Volvo, Sweden, Registration Number 556012-5790 (AB Volvo) and its affiliates, service providers and/or licensors (unless otherwise indicated). All rights reserved. The contents of this Site may not be used except as expressly provided for in these Terms of Use or elsewhere on this Site, or with advance written permission from Mack. Except as provided by law, Mack neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Mack.

2. Subject to clause 9, you may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Mack's advance written permission.

3. Nothing in these terms and conditions limits, excludes or modified or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).

4. While Mack uses reasonable efforts to include accurate and up-to-date information on the Site, except for liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Site is provided “as is” and without any warranty or condition, express or implied. Mack makes no warranty that the information contained in or accessible through the Site is accurate, suitable for your needs or purposes, or without errors, omissions or viruses. In some cases pictures of overseas products or accessories may be shown as a guide.

5. Further, Mack does not guarantee continuous, uninterrupted or secure access to the Site. You acknowledge and agree that access to, and use of, the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of Mack's control. Mack does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Site. To the maximum extent permitted by law, Mack makes no representations or warranties in respect of the information and materials available on the Site or the means of accessing that information and material (including the software operating in connection with the Site).

6. Mack makes no warranty or representation and accepts no responsibility for any Sites operated or controlled by entities other than Mack which are or may become linked or framed to or from the Site. The linked sites are not under the control of Mack or its service providers. The inclusion of any link does not imply Mack and its service providers are affiliated with, or endorse the site or any information contained therein.

7. Except for liability that cannot by law be excluded, including the Non-Excludable Guarantees, you agree that Mack is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss or punitive damages) arising out of or in connection with the use of the Site, the use by Mack of information provided by you to Mack through the Site, or any loss or damage which may arise should you be unable to access the Site, for whatever reason and however arising, including negligence.

8. To the maximum extent permitted by law, Mack expressly limits its liability for breach of a condition or warranty implied by virtue of any Australian legislation to the following remedies (the choice of which is to be at Mack's sole discretion):

(a) 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

(b) in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.

9. Any software that may be available to download from this web site (the "Software") is the copyrighted work of AB Volvo (publ) (or any of its subsidiaries) and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Unless otherwise follows from the License Agreement the Software is made available for downloading solely for use by end users. Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.

10. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE VOLVO GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11. Images of people or places displayed on the Site are either the property of, or used with permission by, Mack. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

12. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including those of Mack are the registered and unregistered Trademarks of Mack and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the advance written permission of Mack or such other party which may own the Trademarks displayed on the Site. The unauthorized use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Mack will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution when and where appropriate.

13. The Mack products depicted on this Site may be protected by and covered in one or more US and/or foreign patents. Specific product names and patent numbers listings can be requested from the company headquarters.

14. Although Mack may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, except for liability that cannot by law be excluded, including the Non-Excludable Guarantees, Mack is under no obligation to do so and, to the maximum extent permitted by law, assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Mack will fully cooperate with any law enforcement authorities or court order requesting or directing Mack to disclose the identity of anyone posting any such information or materials.