Brian Hilton KIA Legals

Terms of Use

1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's privacy policy, which is incorporated within these Terms of use by reference.

2. The site editor's service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may be required to register your details on this web site; in this case, you agree to provide truthful information when requested.

4. Privacy policy
Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor's Privacy policy.

5. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information from this web site;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

6. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section;
(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

7. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

8. Indemnification
You agree to indemnify and hold harmless the site editor and the site editor's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. Disclaimer of Warranties
You understand and agree that your use of this web site and of any services or content provided (the "service") is at your own risk. Services and content are provided to you "as is", and the site editor expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The site editor makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that the site editor will not be held liable in any way.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. Limitation of Liability
You expressly understand and agree that the site editor will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the site editor has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Reservation of rights
The site editor reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor's rights. and property requires the site editor's prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor's prior written consent.

12. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor\'s copyright agent may be contacted via:
Brian Hilton Kia 600 Pacific Highway, North Gosford NSW 2250

13. Applicable law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor's domicile, and that any disputes will be heard by the said courts.

14. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;
(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;
(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;
(iv) The site editor may assign the site editor's rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.

Disclaimer

1. Acceptance of our Terms
By visiting the website http://www.brianhiltonkia.com.au, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to http://www.brianhiltonkia.com.au, you agree to be bound by the following Disclaimer. If you do not want to be bound by our Disclaimer your only option is not to visit, view or otherwise use the services of http://www.brianhiltonkia.com.au. You understand, agree and acknowledge that this disclaimer constitute a legally binding agreement between you and http://www.brianhiltonkia.com.au and that your use of http://www.brianhiltonkia.com.au shall indicate your conclusive acceptance of this agreement.

2. Provision of Services
You agree and acknowledge that http://www.brianhiltonkia.com.au is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that http://www.brianhiltonkia.com.au is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights
You acknowledge and agree that http://www.brianhiltonkia.com.au may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. http://www.brianhiltonkia.com.au authorise you to view portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content
When you submit content to http://www.brianhiltonkia.com.au you simultaneously grant http://www.brianhiltonkia.com.au an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to http://www.brianhiltonkia.com.au.

5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties
You understand and agree that your use of http://www.brianhiltonkia.com.au is entirely at your own risk and that our services are provided "As Is" and "As Available". http://www.brianhiltonkia.com.au does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the http://www.brianhiltonkia.com.au website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability
You understand and agree that http://www.brianhiltonkia.com.au and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not http://www.brianhiltonkia.com.au has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of http://www.brianhiltonkia.com.au is limited to the greatest extent permitted by law.

8. External Content
http://www.brianhiltonkia.com.au may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that http://www.brianhiltonkia.com.au is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by http://www.brianhiltonkia.com.au to resolve any legal matter arising from this agreement or related to your use of http://www.brianhiltonkia.com.au. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and http://www.brianhiltonkia.com.au. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms
http://www.brianhiltonkia.com.au reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of http://www.brianhiltonkia.com.au after any changes to Terms will signify your agreement to be bound by them.

Brian Hilton Customer Advantage Program Terms and Conditions

Brian Hilton Customer Advantage Program Terms and Conditions
Customer Advantage is the Brian Hilton Motor Group benefit program that rewards customers for their continued loyalty. This program is based on a point system encouraging customer satisfaction. As part of this benefit scheme members receive a quarterly newsletter.

Joining
Customer Advantage requires no joining fee. A purchase of any new or used vehicle from Brian Hilton Motor Group automatically registers you as a member of the Customer Advantage Program. Customers that have not purchased a vehicle are welcome to join, simply by completing an application form located at the Sales, Service or Spare Parts Departments.

Receiving Advantage Points
With every vehicle purchase the customer receives 50 advantage points. Members do not receive a percentage of the vehicle sale price nor do they earn points on accessories or aftermarket purchases that form part of the vehicle sale contract. Points are only earned on Spare Parts, Service and Panel Departments (excluding amounts charged to insurance companies) that are purchased after delivery of the vehicle has been taken.
Purchases at Spare Parts, Service or Panel Departments, customers are entitled to 7.5% of the total invoice prior to GST in advantage points.

Members using the Brian Hilton Panel Department are entitled to earn points for all non-insurance related work and excess payments made to Brian Hilton Panel Department

How much are Advantage points worth
One (1) Advantage point = $1.00 dollar

Redeeming Advantage Points
Points may be used to purchase or make part payment towards spare parts, body shop or service facilities at Brian Hilton. Once a customer has accrued 100 advantage points or more they have the opportunity to receive a Golden Advantage Card, to the value of $100 or more, whereby there are advantage points valid for use.

Advantage points can also be used as a part payment towards your next vehicle purchase, new or Used at any Brian Hilton Motor Group Dealership. Only current advantage points can be used as part payment of the vehicle purchase. The awarded 50 advantage bonus points for the vehicle purchase cannot be used as a part payment for that sale. Those points are awarded after the vehicle purchase and therefore are not current and cannot be used as a part payment.

There is no limit as to how many points can be used on payments within the dealership. It is purely the discretion of the customer and the advantage points valid for use, with the exception of new and Used vehicle purchases. A maximum of 2,000 Advantage points can be used on a single new or Used vehicle purchase.

If a customer would like to use their advantage points for a purchase or part payment on service, parts, body shop or a new or Used vehicle purchase, they must notify the customer service representative at the time of transaction.

No amount of points will be redeemable for cash. There is no other way in which points may be redeemed.

Golden Advantage
The Golden Advantage allows customers to redeem and transfer their points onto a Visa card. This card can then be used at any store that carries eftpos facilities. To be eligible for a Golden Advantage a customer must have accrued 100 or more valid advantage points.

Once the card has been issued Brian Hilton is not responsible for any stolen, loss or damages to the card. Terms may vary however there will be a minimum of 3 months and a maximum of 3 years expiry on each card.

Obtain a Golden Advantage with your advantage points by contacting the Customer Advantage Co-Coordinator (02) 4328 2888

Roadside Assistance Renewal
To be eligible for a complimentary 1 year Brian Hilton Standard Roadside Assistance, you must be part of the Brian Hilton Customer Advantage Program. All new vehicles must comply with the Manufacturers Service Guidelines. All used vehicles must be serviced a minimum of 2 routine services at Brian Hilton Motor Group within a 12 month period. A complimentary 1 year Brian Hilton Standard Roadside Assistance will only be provided to customers who have a current Brian Hilton Roadside Assistance account, whether it be from the purchase of a vehicle or paid. If a customer misses a routine service, they forfeit their Roadside Assistance.

Expiration of Advantage Points
A customer can lose their advantage points if their account has become inactive over a three (3) year period. Advantage points will expire when;
i. There has been no purchase activity over the course of three (3) years
ii. No advantage points have been used during the past three (3) years
iii. No advantage points have been added during the past three (3) years
All customers can continue to accumulate their advantage points for larger purchases such as a new vehicle. The expiration of points will only occur if there is a dormant account that has not been interactive for the course of three(3) years.

Spotters Reward
The Spotters Reward encourages existing customers to promote the Brian Hilton brand throughout the Central Coast community. The spotters reward was established to reward our loyal customers for inviting their friends and family into the dealership. The reward consists of 100 advantage points to be added to the customers' existing Customer Advantage account.

A customer can receive 100 Advantage points free through the 'Spotters Reward'. The spotters reward will only be given to those who have recommended a person or persons to our dealership and results in the purchase of a vehicle.

The referred customer must be mentioned at the beginning of the sales process and an application will need to be completed by the salesmen no later than close of deal to be entitled for such points.

The application will be processed upon delivery of the vehicle. The 100 advantage point is not redeemable for cash. If the referrer rejects or does not want the 100 bonus advantage points, no points will be given.

Contact
Any queries or questions regarding the customer Advantage Program please contact our Customer Advantage Coordinator.
Email: advantage@brianhilton.com.au
Phone: (02) 4328 2888

Privacy Statement
The Customer Advantage Program adheres to the Privacy Statement signed by the customer at the time of purchase. If a member has any queries or concerns about the way the Dealer manages their information they should contact the Privacy Officer on (02) 4328 2888. Customers may cancel their membership at any time simply by contacting the Customer Advantage Coordinator on (02) 4328 2888.

Please note: Fleet and Government vehicle purchasers as well as Fleet servicing customers and trade customers are not eligible for the Customer Advantage Program.