The CVS Online Catalogue (the Catalogue) is provided by Commercial Vehicle Systems, a division of Global Equities Pty Ltd (ABN 47 163 029 481).
The Catalogue contains information about our product/service offerings that we would generally not make available to the public and which, if not handled correctly, could have serious consequences for our business.
By registering, accessing or attempting to access the Catalogue, each User and/or Prospective User agrees to be bound by and to comply with these terms and conditions and any reasonable instructions or directions relating to access or use of the Catalogue issued by us from time to time.
If the User or Prospective User is entering into these terms and conditions on behalf of their employer or acting as an employee, the User or Prospective User warrants that they are authorised to enter into these terms and conditions on behalf of their employer. The User or Prospective User further warrants that their employer agrees to be bound by these terms and conditions.
1.1 In these terms and conditions:
“Catalogue" means the CVS Online Catalogue at https://cvsaus.com.au/catalogue/ and any other online services which we make available online and which we have authorised a User to access and use.
"Catalogue Materials" means any photographs, illustrations, specifications or other documents relating to or displayed in the Catalogue which we make available to the User.
"Confidential Information" means our confidential information, including information which is
(a) by its nature confidential;
(b) is designated by us as confidential; or
(c) a User ought to know is confidential.
and includes, without limitation, information relating to:
(d) the Goods, including without limitation their design, specification and functionality;
(e) the Catalogue, including without limitation its design, specification and functionality;
(f) the Catalogue Materials; and
(g) this Agreement.
"Goods" means any products and/or services described, advertised or illustrated on the Catalogue.
"Intellectual Property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
"Loss" means any cost, expense, payment, charge, loss, damage, liability, claim, action, proceeding, penalty, fine, judgment, order or other action. It includes legal costs on a full indemnity basis but excludes loss of profits and indirect, consequential, special or punitive damages.
"Normal Working Days" means the days from Monday to Friday, excluding public holidays, in Queensland.
“Password” means the code or codes required for a User to obtain access to or use of the Catalogue.
"Prospective User" means a person and/or persons who registers with us to obtain access or use of the Catalogue.
"User" means a person and/or persons who is/are authorised by us to access or use the Catalogue.
"we" "us" and "our" means Global Equities Pty Ltd (ABN 47 163 029 481) and includes its officers, employees and contractors.
1.2 In this Agreement, any reference:
(a) to the singular includes the plural;
(b) to any gender includes all genders;
(c) to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute;
(d) to persons includes all bodies and associations both corporate and incorporated and vice versa; and
(e) to a dollar amount is a reference to Australian dollars, unless otherwise specified.
2.1 In order to be eligible for authorisation as a User, a Prospective User must:
(a) register for access at https://cvsaus.com.au/catalogue/register/. Registration includes acceptance of these terms and conditions;
(b) provide any personal information subsequently requested by us for verification purposes; and
(c) be an employee, agent and/or representative of a company which:
(i) holds an active credit account with us; and/or
(ii) is an active customer that has, and continues to, place orders with us for the purchase of goods and meets and/or exceeds our minimum annual purchase requirement as determined by us from time to time.
2.2 Irrespective of clause 2.1, we may agree and/or refuse to authorise a Prospective User for access to the Catalogue at our sole discretion and with or without notice.
2.3A Prospective User warrants that:
(a) any information provided to us in accordance with clause 2.1 is true, accurate, current and complete; and
(b) if there is any material change or alteration in the information provided to us in accordance with clause 2.1 (change of employer, for example), the User will:
(i) notify us immediately of this change and/or alteration;
(ii) refrain from accessing the Catalogue until we have had the opportunity to verify the changed information and notice is provided to the User that they may continue to access the Catalogue.
2.4 If a Prospective User is authorised by us to access the Catalogue, we may limit their access to one of three levels of access:
(a) authorised User with pricing;
(b) authorised User without pricing; and
(c) guest User without pricing for a specified trial period.
2.5 A User and/or Prospective User's access, or level of access, to the Catalogue will be considered by us on a case by case basis and may be varied, altered, removed (entirely or in part) and/or changed by us without notice.
3.1 Subject to the User's authorisation by us to access the Catalogue and acceptance of these terms and conditions, we agree to provide that User with access to the Catalogue for the purpose of facilitating the purchase of goods and services from CVS (Purpose),
3.2 In furtherance of the Purpose, the User may utilise the Catalogue to:
(a) access information in relation to the Goods, including pricing, availability, specifications and images;
(b) search and cross reference manufacturer and competitor part numbers and/or descriptions; and
(c) send enquiries to us in relation to the Goods and/or the Catalogue,
3.3 The User acknowledges and agrees that their access to and use of the Catalogue is governed by:
(a) this Agreement; and
(b) any additional terms, conditions, instructions or notices contained within the Catalogue.
3.4 While we will use all reasonable endeavours to ensure that the Catalogue operates efficiently and is available for access and use by the User during normal business hours on Normal Working Days, we do not guarantee the availability of the Catalogue during these hours.
4.1 When the User registers for access to the Catalogue, they will nominate a Password for access and use of the Catalogue. The Password must comply with any requirements stipulated at http://cvaus.com.au/catalogue/register/.
4.2 Each User must maintain the security and secrecy of their Password. In particular, a User must not tell anyone what their Password is and must take all necessary precautions to prevent unauthorised access or use.
4.3 A User must not permit any other person to access or use the Catalogue by using that person's Password or otherwise, unless expressly agreed to by us in writing.
4.4 A User must notify us immediately if the User becomes aware of any unauthorised use of the User's Password or of any other security breach.
4.5 It is the User's responsibility to ensure that the User's access to, or use of, the Catalogue is not illegal or prohibited by laws which apply to the User.
4.6 The User must take the User's own precautions to ensure that the process which the User employs for accessing the Catalogue does not expose the User to risk of viruses, malicious computer code or other forms of interference which may damage the User's computer system.
4.7 We do not guarantee that access to the Catalogue will be uninterrupted or that the Catalogue is free from viruses or anything else which may damage any computer which accesses the Catalogue or any data on such a computer.
5.1 During the authorisation process for access to, and the User's use of, the Catalogue, we may collect and hold personal information about a User if that User is an individual customer or one of the following individuals in relation to one of our Users or prospective Users:
(a) in the case of a Company: the directors and shareholders of that company
(b) in the case of a Partnership: the partners; or
(c) in the case of a Sole trader: that sole trader.
6.1 Any quantities, weights or dimensions included in the Catalogue are approximate and are not to be construed as specifications unless and to the extent only that such details are specified in a separate Agreement.
6.2 We do not give or provide any warranty or guarantee that any outcome or result expected or anticipated by the User from or arising out of the use of the Goods will in fact be achieved. The User undertakes that it will satisfy itself in this regard.
7.1 Prices displayed on the Catalogue are subject to change with or without notice.
7.2 Unless otherwise specified, all prices are exclusive of GST.
7.3 The User acknowledges that the prices displayed on the Catalogue do not include any applicable delivery and/or postage charges.
8.1 The User acknowledges that the Catalogue is not an online ordering system.
8.2 The User may place an order for the Goods by contacting us by telephone, attending our offices in person or sending us an email (Order).
8.3 Each Order (once accepted) represents a separate Agreement incorporating the terms and conditions of that Order.
9.1 All Intellectual Property in any Catalogue Materials is either our property or the property of our advertisers or third party providers.
9.2 Unless expressly authorised by us in writing, the User may not use, reproduce, adapt, link to, modify, display, perform or distribute any Catalogue Materials or any part of any Catalogue Materials.
9.3 The User must not:
(a) use the Catalogue or the Catalogue Materials for any purpose other than as specified in this Agreement;
(b) make the Catalogue or the Catalogue Materials available to persons other than other Users who have been issued with a Password;
(c) copy or use the Catalogue or the Catalogue Materials in any way not specifically permitted under this Agreement;
(d) alter, modify or disassemble, decrypt or create derivative works of the Catalogue or the Catalogue materials;
(e) rent, sell, transfer or sub-licence all or part of the Catalogue or the Catalogue Materials to any person; or
(f) remove any copyright, trademark, confidentiality or other proprietary notices or labels on the Catalogue or the Catalogue Materials.
9.4 This clause 9 survives termination of this Agreement.
10.1 A User must not, without our prior written approval, disclose Confidential Information to any person other than the User's employer, employees, agents or contractors who need to know or use our Confidential Information for the purpose of a separate agreement between us and the User (or the User's employer) and where such Users or employees, agents or contractors have been made aware of the User's obligations of non-disclosure and confidentiality.
10.2 On the termination of this Agreement, each User will, where the Confidential Information is no longer required for the purpose of this Agreement or any other agreement between us and the User which remains on foot:
(a) immediately cease using and/or accessing the Confidential Information;
(b) promptly return to us, all Confidential Information in the User's custody, possession or control, or if directed in writing, destroy all copies of that Confidential Information.
We may terminate this Agreement at any time with or without notice to the User.
12.1 So far as law permits, we will not be liable to the User for any Loss arising directly or indirectly from:
(a) the reliance by any User on any information obtained through the use of, or contained in, the Catalogue including the Catalogue Materials;
(b) any breach of this Agreement by the User; and/or
(c) the User's use of or inability to use the Catalogue.
13.1 The User indemnifies us, and must keep us indemnified, against all Loss suffered by us in connection with or as a result of the User's fraud or gross negligence in connection with its use of the Catalogue or the User's failure to comply with any of its obligations under this Agreement.
14.1 Any provision of this Agreement which is void or unenforceable may be severed without affecting the enforceability of other provisions.
14.2 A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any other power or right.
14.3 This Agreement is governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.
14.4 This Agreement may be revised at any time by written notice and each User will be bound by such revisions from the date on which the revisions take effect.
Commercial Vehicle Systems, a division of Global Equities Pty Ltd (ABN 47 163 029 481) is committed to protecting and respecting your privacy.
This policy (together with any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.1In order to provide a better service to you, we may collect and process the following data about you:
(a) information that you provide by filling in forms on our site https://cvsaus.com.au/ ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
(b) if you contact us, we may keep a record of that correspondence;
(c) we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
(d) details of your visits to our site and the resources that you access.
1.2We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
2.1The purposes for which information may be used by us include:
(a) ensuring that content from our site is presented in the most effective manner for you and for your computer;
(b) providing you with alerts, newsletter, education materials or information that you requested or signed up to;
(c) carrying out our obligations arising from any contracts entered into between you and us;
(d) allowing you to participate in interactive features of our service, when you choose to do so;
(e) designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;
(f) complying with laws and regulations applicable to us or any of our affiliates in or outside Australia;
(g) legal proceedings, including collecting overdue amounts and seeking professional advices;
(h) researching, designing and launching services or products including seminars/events/forums;
(i) promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in Clause 2.2 below); or
(j) purposes directly related or incidental to the above.
2.2 We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. By using our site, unless you tell us otherwise, you agree that:
(a) your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;
(b) the following classes of services, products and subjects may be marketed to you:
(i) services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);
(ii) reward, loyalty or privileges programmes, promotional offers and related services; and
(iii) invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.
(c) We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.
We will keep the personal data we hold confidential but may provide information to:
(a) personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
(b) our offices, affiliates, business partners and counterparts (if any);
(c) persons under a duty of confidentiality to us;
(d) persons to whom we are required to make disclosure under applicable laws and regulations in or outside Australia; or
(e) actual or proposed transferees or participants of our services in or outside Australia.
4.2A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.
4.3We use the following cookies:
(a) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
(b) Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4.5We may use the following third party web analytic services on the website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. These analytic services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
4.6Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google's ability to use and share information collected by Google Analytics is in accordance with their policies: http://www.google.com/policies/privacy/partners/
4.7You can prevent Google's collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).
4.8You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
5.1All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.2Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may hold your data on servers in Brisbane, Australia. and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3 above, who may be located in or outside of Australia, including New Zealand.
8.1By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.
8.2Under the Privacy Act (the "Act"), individuals have the right:
(a) to check whether we hold personal data about you and to access such data;
(b) to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
(c) to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
(d) to withdraw your consent to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your withdrawal of consent to us.
8.3You may exercise your opt-out right by notifying us if you wish to withdraw your consent to the use of your personal data for direct marketing purposes. Please send requests to opt-out and for access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:
6A 919-925 Nudgee Rd Banyo 4014
1300 790 837
8.4In accordance with the Act, we have the right to and may charge a reasonable fee for processing any data access request.
Last updated: 12 October 2017