Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use
this website you are agreeing to comply with and be bound by the following
terms and conditions of use, which together with our privacy policy and website
disclaimer, govern availabletrucks.com.au’s relationship with you in
relation to your use of this website.
By using this website, you signify your acceptance of these
terms and conditions of use. For the purposes of these terms and conditions,
“Us”, “Our” and “We” refers to availabletrucks.com.au and “You” and
“Your” refers to you, the client, visitor, website user or person using our
website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove
portions of these terms at any time. Please check these terms regularly prior
to using our website to ensure you are aware of any changes. We will endeavour
to highlight any significant or substantive changes to you where possible. If
you choose to use our website then we will regard that use as conclusive
evidence of your agreement and acceptance that these terms govern your
and availabletrucks.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website
that you agree and accept that availabletrucks.com.au is not legally
responsible for any loss or damage you might suffer related to your use of the
website, whether from errors or from omissions in our documents or information,
any goods or services we may offer or from any other use of the website. This
includes your use or reliance on any third party content, links, comments or
advertisements. Your use of, or reliance on, any information or materials on
this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any
products, services or information available through this website meet your
specific, personal requirements. You acknowledge that such information and
materials may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be
excluded, modified or restricted under the Australian Consumer Law and are in
addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer
Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1,
Subdivision A of the Competition and Consumer Act 2010 (Cth), availabletrucks.com.au’s
liability for any breach of a term of this agreement is limited to: the
supplying of the goods or services to you again; the replacement of the goods;
or the payment of the cost of having the goods or services supplied to you
again.
You must be over 18 years of age to use this website and to
purchase any goods or services.
Digital goods are delivered immediately. Please be aware
there are inherent risks associated with downloading any software and digital
goods. Should you have any technical problems downloading any of our goods,
please contact us so we may try to assist you.
RETURNS AND REFUNDS
availabletrucks.com.au handles returns and processes
refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us
within 7 days of purchase with a valid reason for return. If we are
unable to resolve your complaint or further assist you, we will process a
refund upon timely receipt of the goods purchased. Unopened goods will be
refunded in full. Refunds will be processed promptly and payment made by the
same method that you made payment. All refunds are made at the discretion
of availabletrucks.com.au.
LINKS TO OTHER WEBSITES
availabletrucks.com.au may from time to time provide
on the website, links to other websites, advertisements and information on
those websites for your convenience. This does not necessarily imply
sponsorship, endorsement, or approval or arrangement between availabletrucks.com.au and
the owners of those websites. availabletrucks.com.au takes no
responsibility for any of the content found on the linked websites.
availabletrucks.com.au’s website may contain information or
advertisements provided by third parties for which availabletrucks.com.au accepts
no responsibility whatsoever for any information or advice provided to you
directly by third parties. We are making a ‘recommendation’ only and are not
providing any advice nor do we take any responsibility for any advice received
in this regard.
DISCLAIMER
To the fullest extent permitted by law, availabletrucks.com.au absolutely
disclaims all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for any particular
purpose. availabletrucks.com.au gives no warranty that the documents,
goods or services will be free of errors, or that defects will be corrected, or
that our website or server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most
accurate, reliable and up-to-date information on our website, we do not warrant
or make any representations regarding the use or the result of the use of any
document, product, service, link or information on the website or as to the
correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility
of availabletrucks.com.au to bear any and all costs of servicing,
repairs, or correction. The applicable law in your state or territory may not
permit these exclusions, particularly the exclusions of some implied
warranties. Some of the above may not apply to you but you must ensure you are
aware of any risk you may be taking by using this website or any products or
services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At availabletrucks.com.au, we are committed to
protecting your privacy. We use the information we collect about you to
maximise the services that we provide to you. We respect the privacy and
confidentiality of the information provided by you and adhere to the Australian
Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in
writing via email. All information we receive from our customers is protected
by our secure servers. availabletrucks.com.au’s secure server software
encrypts all customer information before it is sent to us. Furthermore, all
customer data collected is secured against unauthorised use or access. Credit
card information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal in personal or customer
information. We may however use in a general sense without any reference to
your name, your information to create marketing statistics, identify user
demands and assist in meeting customer needs generally. In addition, we may use
the information that you provide to improve our website and services but not
for any other use.
DISCLOSURE OF INFORMATION
availabletrucks.com.au may be required, in certain
circumstances, to disclose information in good faith and where availabletrucks.com.au is
required to do so in the following circumstances: by law or by any court; to
enforce the terms of any of our customer agreements; or to protect the rights,
property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents,
goods or services for the purpose of providing them for a fee to users, whether
they be business users or domestic users, then you are a competitor of availabletrucks.com.au. availabletrucks.com.au expressly
excludes and does not permit you to use or access our website, to download any
documents or information from our website or obtain any such documents or
information through a third party. If you breach this term then availabletrucks.com.au will
hold you fully responsible for any loss that we may sustain and further hold
you accountable for all profits that you might make from such unpermitted and
improper use. availabletrucks.com.au reserves the right to exclude
and deny any person access to our website, services or information in our sole
discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or
licensed to us. This material includes, but is not limited to, the design,
layout, look, appearance, trademarks and graphics. You are not permitted to
reproduce the documents, information or materials on the website for the
purposes of sale or the use by any third party. In particular you are not
permitted to republish, upload, transmit electronically or otherwise or
distribute any of the materials, documents or products that may be available
for download from time to time on this website.
availabletrucks.com.au expressly reserves all
copyright and trademark in all documents, information and materials on our
website and we reserve the right to take action against you if you breach any
of these terms.
Any redistribution or reproduction of part or all of the
contents in any form is prohibited other than the following: you may print or
download to a local hard disk extracts for your personal and non-commercial use
only; and you may copy the content to individual third parties for their
personal use, but only if you acknowledge the website as the source of the
material.
You may not, except with our express written permission,
distribute or commercially exploit the content. Nor may you transmit it or
store it on any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement
between you and availabletrucks.com.au concerning your use and access
to availabletrucks.com.au’s website and your use and access to the
documents and information on it. No other term is to be included in this
agreement except where it is required to be included by any legislation of the
Commonwealth or any State or Territory. All implied terms except those implied
by statute and which cannot be expressly excluded are hereby expressly
excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable
statute be illegal, void, or unenforceable in any State or Territory then such
a clause shall not apply in that State or Territory and shall be deemed never
to have been included in these terms and conditions in that State or Territory.
Such a clause if legal and enforceable in any other State or Territory shall
continue to be fully enforceable and part of this agreement in those other
States and Territories. The deemed exclusion of any term pursuant to this
paragraph shall not affect or modify the full enforceability and construction
of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws
of Queensland and Australia. If there is a dispute between you
and availabletrucks.com.au that results in litigation then you must
submit to the jurisdiction of the courts of Queensland.