OVERVIEW
This website is operated by "Aussie Auto Spare Parts" . Throughout the site, the terms “we”, “us” and “our” refer to "Aussie Auto Spare Parts" .
"Aussie Auto Spare Parts" offers this website, including all information, tools
and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and or
contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, Then You May Not Access The Website Or Use
Any Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also
be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and services to
you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents
to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site
at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e‑mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address
and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions
of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under
no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any third-party
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false
e‑mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted by you
or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by
our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website
has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations
rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate
or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that
will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites,
or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service
or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use
of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided
'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability,
title, and non-infringement.
In no case shall "Aussie Auto Spare Parts" our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits,
lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless "Aussie Auto Spare Parts"
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services
(or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not
be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws
of The location you are in and or Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 - TERMS AND CONDITIONS OF SALE
These Terms and Conditions are the official terms and conditions of use
of the "Aussie Auto Spare Parts" website. The content and services available
on the Site are provided to you by "Aussie Auto Spare Parts" are subject to
the following terms and conditions. Please also review our Privacy Policy,
as well as other terms and policies that you may find on our Site in
connection with certain features, ordering information or promotions.
By accessing or using the Site, you acknowledge that you have read,
understood and agree to be bound by these Terms and Conditions,
and the other guidelines, policies and conditions posted on the Site.
"Aussie Auto Spare Parts" reserves the right to update or modify these Terms
and Conditions at any time. When changes are made, we will post the
revised version on this web page and update the “Last Updated” date,
copied below. For this reason, we encourage you to review these Terms
and Conditions whenever you purchase products from "Aussie Auto Spare Parts".
By using this Site, you agree to be bound by the Terms and
Conditions published on the Site at the time of your access.
SECTION 21 - BINDING CONTRACT
These terms and conditions form a legally binding contract between you
and us. By using our site, you represent that you are at least 18 years
of age and are fully capable and competent to enter into the terms,
conditions, obligations, representations and liabilities set forth in
these Terms and Conditions and to comply with and be bound by them.
SECTION 22 - INTELLECTUAL PROPERTY
Everything on or used in connection with our site, including but not
limited to the "Aussie Auto Spare Parts" name and logo, images and product
descriptions, site design, site appearance, text, graphics, button icons,
images, audio and video clips, page headers, trademarks, content,
selection and arrangement thereof, and all software is owned or licensed
by "aussieautospareparts.com", and is protected by International laws,
including copyright and trademark laws. Permission is granted to
electronically copy and print in hard copy portions of the Site for the
purpose of placing an order with "Aussie Auto Spare Parts" or for
non-commercial purposes. Any other use of materials on the Site –
including reproduction for purposes other than those permitted above,
modification, distribution, republication, transmission, display or
performance – without the prior written permission of
"Aussie Auto Spare Parts" is strictly prohibited. The use of any material on
the Site in connection with any product or service that is not offered
by "Aussie Auto Spare Parts.com" in a manner that is likely to cause confusion
among customers, or in a manner that disparages or discredits
"Aussie Auto Spare Parts" , is also prohibited.
You may not use Data scraping, data mining, robots or similar data
gathering and extraction tools on the Site or frame any part of the Site.
You may not circumvent the mechanisms included in the Site to prevent the
unauthorised reproduction or distribution of the content or materials
contained in the Site.
SECTION 23 - WAIVER OF INACCURACY
From time to time, there may be information on the site that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, prices and availability. aussieautospareparts.com/ reserves
the right to correct any error, inaccuracy or omission and to modify or
update the information at any time without notice.
(including after you submit your order).
Although we make reasonable efforts to ensure the accuracy of the
information provided on the Site, we make no warranties as to the accuracy
and reliability of the information, data or content of the Site. The
content of the Site is provided for information purposes only. We shall
not be responsible for the accuracy, usefulness or availability of any
information transmitted or made available via the Site. The information
contained on the Site may be compiled from various sources.
SECTION 24 - APPROPRIATE USE OF THE SITE
You agree that you will use the Site in compliance with all applicable
local, state, national and international laws, rules and regulations,
including laws regarding the transmission of technical data exported
from your country of residence. Violation of any of these may result in
immediate termination of these Terms and Conditions and may subject you
to federal sanctions and other legal consequences. We reserve the right,
but have no obligation, to investigate your use of the Site in order to
(a) determine whether a violation of these Terms and Conditions has
occurred or
(b) comply with any law, regulation, legal process or governmental
request.
You may not use the Site in any manner which could damage, disable,
overburden or impair our servers or networks, or interfere with any
other party’s use and enjoyment of the Site. You may not attempt to gain
unauthorized access to any services, user accounts, computer systems or
networks through hacking, password mining or any other means. We may
take all legal and technical measures to prevent the violation of this
provision and to enforce these terms.
Certain parts of the site may require a password to enter. You agree
that you are responsible for all acts or omissions that occur under your
account while your password is being used. If you believe that someone
has used your password or account without your authorization, you must
notify us immediately. We reserve the right to access and disclose any
and all information, including without limitation account usernames and
other information, to comply with applicable laws and lawful government
requests.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
aussieauto@bigpond.com.