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VALVOLINE PROMOTIONS WEBSITE TERMS OF USE Please Read the Following Terms of Use Carefully Before Using This Website

These Terms of Use only apply to the Valvoline Promotions website www.valvolinepromotions.com.au (“Website”).

Valvoline requires that you abide by the Terms of Use stated below as a condition to access to this Website. Please read these Terms of Use carefully, and do not use this Website if you do not agree to these Terms of Use. Valvoline may update these Terms of Use from time to time, so please check back regularly to ensure that there have not been any changes relevant to your use of the Website. The most current version of the Terms of Use can be reviewed by clicking on the ” Terms of Use” hypertext link located at the bottom of the web pages on this Website.

Other individual websites of Valvoline may have Terms of Use tailored specifically for activity on those websites which may differ from these Terms of Use. No information contained in this Website constitutes or shall be deemed to constitute an invitation to invest or otherwise deal in any Valvoline security.

Copyrights and Trademarks. The entire contents of this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof are protected by copyright under Australian and other copyright laws, and are the property of, or licensed to, Valvoline. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Valvoline, and/or any of its affiliates, subsidiaries, or other respective owners that have granted Valvoline the right and/or license to use such Marks.

You may not use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website except as expressly permitted by law or explicitly stated below:

1. Downloading or printing of web pages from the Website is permitted for your personal, non-commercial or non-profit educational use only. These web pages, or any part of them or content from them, may not be reproduced or redistributed for commercial gain or other purposes. You may not change or delete any proprietary notices from materials downloaded or printed from this Website. The copyright notice appearing at the bottom of each web page must appear on every copy of the documents or any portion thereof..

2. Except as provided in paragraph 1, corporate names and logos may not be altered or used without the prior written permission of Valvoline.

Except as noted above, no right or license is granted in respect of any proprietary information, copyright, patent, or Mark contained within this document or on the Website.

Hyperlinks and Frames. This Website may contain links to other websites on the Internet that are not operated by us or by our affiliates (the “External Sites”). Valvoline has no control over and is not responsible or liable for the External Sites, including but not limited to their content and privacy and data collection practices. The links to the External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Valvoline sponsors, endorses, is affiliated with or associated with, or has been legally authorised to use any trademark, trade name, service mark, design, logo, symbol or other copyright materials displayed on or accessible through such External Sites. Before you frame or create any kind of hyperlink to this Website, you must obtain the prior written permission of Valvoline.

Disclaimer and Limitation of Liability.

Important note regarding consumer rights.  The below exclusions and limitations of liability are subject always to any rights you may have under the Australian Consumer Law, including your rights under the consumer guarantees regime.  As a manufacturer and supplier of goods and services Valvoline provides a number of statutory guarantees to consumers under this regime, including guarantees that goods are of acceptable quality and that services will be provided with due care and skill.  If we breach a statutory guarantee, consumers have the right to seek a remedy from us (which may, depending on the circumstances, be a repair, replacement or damages), as well as a right to recover damages for reasonably foreseeable losses arising from our breach.  Valvoline’s liability for breach of the provisions of the Australian Consumer Law can only be excluded, restricted or modified in very limited circumstances, which are unlikely to apply to your use of the Website.  For more information regarding your consumer rights

please see: https://www.accc.gov.au/consumers/consumer-rights-guarantees.

When we use the phrase “to the extent permitted by law” below, we intend to make it clear that nothing in these Terms of Use is intended to exclude, restrict or modify the rights and remedies available to consumers under the Australian Consumer Law, or Valvoline’s liability under those provisions, or any other liability Valvoline has which cannot lawfully be excluded, restricted or modified.

To the extent permitted by law:

  • Valvoline does not give any express or implied warranties in these Terms of Use regarding the Website, or the materials, information, text, graphics, services, products and links on the Website, except for the statutory guarantees it provides under the Australian Consumer Law and the warranty against defects included on this Website.
  • Without limiting the foregoing, Valvoline makes no representations or warranties in these Terms of Use:

    • about the accuracy, completeness, adequacy, usefulness, timeliness or reliability of the content of this Website or the content of any External Sites. Although Valvoline makes every reasonable effort to maintain current and accurate information on the Website, please be aware that there is still the possibility of inadvertent errors and technical inaccuracies and keep this in mind when using the Website.  If you need to be sure that a product meets your specific requirements, or are relying on information on the Website for a critical purpose, please contact Valvoline before relying on content contained on the Website.  Any decision made by you based on information contained on this Website or External Sites is your sole responsibility, unless we have engaged in misleading or deceptive conduct, or breached a consumer guarantee;

    • that the Website, or its content, are fit for a particular purpose and do not infringe the rights of any third party, or that the products sold through the Website are of acceptable quality or fit for a particular purpose; or

    • that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes this Website available are free of viruses or other harmful components.
  • Neither Valvoline nor any of its affiliates shall be liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of access to or inability to access this Website, the use of or reliance on any content in this Website or any External Websites, or the use of any products purchased through this Website, except where such damages arise as a result of:
    • our negligence or wilful misconduct;
    • our failure to comply with a statutory guarantee; or
    • some other breach by us of the Australian Consumer Law (for example because we have engaged in misleading or deceptive conduct),

or where we are otherwise prohibited by law from excluding our liability to you.

Applicable Laws.

Unless otherwise specified, the material on this Website is intended to provide information about Valvoline and its products. We do not imply that the materials published on this Website are designed or appropriate for use outside of Australia. If you access our Website from outside of Australia, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this Website, you may not view or use this Website.

Your use of this Website shall be governed in all respects by the laws of the State of New South Wales, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree to submit to the non-exclusive jurisdiction of the state or federal courts that have jurisdiction in New South Wales. Valvoline’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You must comply with all applicable laws in connection with your use of the Website.  Without limiting the foregoing, you may not access, use or export any information or other material contained on this Website, or products purchased through the Website, in violation of Australian laws or regulations, or (if different) the laws and regulations that apply in the place where you access the Website.

Severability and Integration
Your use of this Website is subject to the terms expressly set out in these Terms of Use and subject to non-excludable rights under consumer protection laws.  Other representations or statements we make to you do not form part of these Terms of Use, although you may have other rights at law in relation to such representations.  If any part of these Terms of Use is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Termination; Access Restriction
Valvoline may terminate this Agreement, or terminate or suspend your access to this Website, and any other websites operated or controlled by Valvoline (the “Valvoline Websites”), at any time, upon reasonable grounds (for example, where you have breached these Terms of Use, or otherwise used the Website in a fraudulent or improper manner). Upon such termination or suspension, your right to use the Valvoline Websites will immediately cease.

Questions?
If you have any questions about these Terms of Use, please contact Valvoline at Locked bag 5400, Baulkham Hills NSW 2153, at (02) 8603 2300 or e-mail nationalcustomerservice@valvoline.com.

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