Attention visitors to this site
These terms and conditions govern the use of
this website. Should you have any questions or wish to clarify the meaning
of any of these Terms and Conditions, please contact AutoSparky prior to
using this website. These terms and conditions were last updated on 01/01/2012. Please check back regularly to see the current terms and conditions.
Please note:
- All prices displayed on this
site and all transactions processed by AutoSparky are in Australian Dollars $AUD.
- Delivery Charge or Postage is
applicable to Australia and it's Territories only.
- If delivery is required outside of
Australia you will need to contact AutoSparky before placing your online
order.
Acknowledgement and acceptance of terms and conditions
This website is owned and operated by
BOHARD PTY LTD, trading as 'AutoSparky'. By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge and agree that you have read and understood these Terms and Conditions. By downloading any of the pages or images on this website you expressly agree to be bound by these Terms and Conditions.
Amendments to terms and conditions
AutoSparky may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
User and other information provided by you
You agree:
-
If you provide us with any information it shall be current, complete, and accurate.
- When you provide any Information you are representing and warranting that all of the information provided is true and correct.
- You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.
- You consent and agree to the disclosure by
AutoSparky to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this website, upon being requested to do so by that law enforcement agency.
Disclaimer
The information
contained on this website is provided by AutoSparky in good faith on
an "as is" basis and solely at your own risk. The information is
believed to be accurate and current at the date the information was
placed on this website but AutoSparky expressly disclaims any liability for any incorrect information or prices published on this website or for the lack availability of any product at any time. None of
AutoSparky, any of it's directors, officers, employees makes any representation or warranty as to the reliability, accuracy or completeness of any of the information
contained on this website (including in relation to any products or
services) and none of them accept any responsibility arising in any
way (including negligence) for errors in, or omissions from, the
information contained on this website. To the fullest extent
permitted by applicable law, AutoSparky disclaims all
representations and warranties, express or implied, including but
not limited to, implied warranties of merchantability and fitness
for a particular purpose. AutoSparky makes no warranty that this
website, any information contained on this website or any products or services advertised on this website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.
Limitation of liability
None of
AutoSparky, any of it's directors, officers, employees, will in any
way be liable for any direct, indirect, incidental, special or
consequential damages (including in negligence), resulting from your
use or your inability to use this website, your reliance on any
information or advice contained on this website or for the cost of
procurement of substitute products or services or resulting from any
products or services purchased or obtained or messages received or
transactions entered into through this website or resulting from
unauthorised access to or alteration of your transmissions or data
or of any information contained on your computer system or on this
website, including but not limited to, damages for loss of profits,
loss of use, loss of data or other intangible, even if AutoSparky
has been advised as to the possibility of such damages. Where any
Act of Parliament implies in these Terms and Conditions any term,
condition or warranty, and that Act avoids or prohibits provisions
in a contract excluding or modifying the application of or exercise
of, or liability under such term, condition or warranty, such term,
condition or warranty shall be deemed to be included in these Terms
and Conditions, however, the liability of AutoSparky for any breach of such term, condition or warranty shall be limited to the minimum permitted by the Act of Parliament.
Ordering products or services
Any order for any product or service displayed on this site must, until further advised,
be placed directly with AutoSparky's online store. Prices of products and services and delivery and other charges displayed on this website are current at the time of placement on the website (errors and omissions excepted), but may change at any time and are subject to availability. The availability of products and services may change from time to time.
Returns
AutoSparky makes no warranty that any products or services
advertised on this website will meet your requirements. Shipping
costs of returns shall be the responsibility of the purchaser.
Links to other websites
This site
may contain links to websites maintained by other companies and
organisations. AutoSparky does not make any representation as to the
accuracy of information contained on those websites and will not
accept any responsibility for the accuracy, ownership or any other
aspect of the information contained on those websites. This website
may also contain third party advertisements (including banner ads
and referral buttons) which contain embedded hyperlinks to websites
operated by third parties. All third party advertising is paid for
by the relevant third party advertisers and the placement of third
party advertisements on this website does not constitute a
recommendation or endorsement by AutoSparky of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it.
Copyright
Unless otherwise indicated, copyright in the information on this website is owned by
AutoSparky. All rights are reserved. You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this website may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of
AutoSparky. If you believe that you own the copyright in any work and that
work is displayed on this website without your consent, please contact
AutoSparky and your complaint will be investigated.
Third party copyright and trademarks
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
Virus warning
AutoSparky does not represent that any information
(including any file) obtained from or through this website is free
from computer viruses or other faults or defects. It is your
responsibility to scan any such information for computer viruses.
AutoSparky will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on
AutoSparky, that liability shall be limited to the cost of re-supplying that information.
Release
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against
AutoSparky, its directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of
the Northern Territory of Australia and the Commonwealth of
Australia. You and AutoSparky agree to submit to the exclusive
jurisdiction of the courts of the Northern Territory of Australia or any Federal Court sitting in
the Northern Territory of Australia. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force and
effect. AutoSparky's failure to exercise or enforce any rights or
provisions of these Terms and Conditions shall not constitute a
waiver of such right or provision unless acknowledged and agreed to
by AutoSparky in writing.
