Website Terms and Conditions
Effective Date: [17/06/2020]
Welcome to https://ozsportsauto.com.au/ (Site).
CONSENT TO SITE TERMS
By browsing or using our Site or registering for our Services, accessing and interacting with us on our social media channels or otherwise accessing and using any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing our Subscription Service, you warrant that:
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and/ or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the Services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the Services, products or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
CREATING AN ACCOUNT
To place orders, subscribe to our Subscription Service, and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our Subscription Service, products or Services, these will be charged at the price in force at the time a customer’s order is validated.
When starting an Ozsports Auto Centre Subscription Service, you are expressly agreeing to be billed on a recurring basis for your Subscription Service using the payment method you provided during registration. Your subscription payment will be deducted automatically on the date specified in your selected package and your Subscription Service will continue until your Subscription Service ends.
You will be charged the same amount for each period of your Subscription Service unless configuration changes are made to the Subscription Service, or you cancel and then resume that subscription.
The term of your subscription is continuous, unless cancelled or terminated.
Ozsports Auto Centre’s Subscription Service is subject to additional terms and conditions located [here].
IMPORTANT: By clicking “I accept”, “I agree”, “subscribe” or equivalent, you accept our Terms.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the product or Service.
We may from time to time provide discounted products and/ or Services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the Subscription Service by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely payments to us for the Subscription Services. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the Subscription Service, our products and/or Services.
INFORMATION AND ADVICE
Our Site may have articles and content that are of a general nature and are not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displayed, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you represent and warrant that:
We reserve the right to remove a review or comment if such review or comment contains:
Our Site and social media channels may feature user reviews of the products and/or Services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of Ozsports Auto Centre or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.
We may from time to time run competitions through this Site and/ or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition and if run on Facebook or Instagram, subject to their terms and conditions too.
In addition to any other prohibitions, you must, under no circumstances use the Site or its content:
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and by using our Site, starting our Subscription Service, or using any product or Service, you are expressly agreeing that you use our Subscription Service, products and Services at your own risk. To the fullest extent permitted by law we make no representations or warranties about our Site and/ or the Subscription Service including that:
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any damages, losses and expenses however arising, including without limitation, any direct, indirect and/ or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site, our Subscription Service, and/ or our products or Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Subscription Service, products or Services are inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the fullest extent provided for under applicable law.
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/ or arising from a breach of these Terms and/ or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia without regard to conflicts of laws provisions. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia without regard to conflicts of law provisions.