Conditions of Use

WEBSITE  TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE  USE OF THIS WEBSITE AT HTTP://WWW.TECHRACING.COM.AU. BY ACCESSING THIS  WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS  AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE  TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR  ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS  WEBSITE.




General email: sales@techracing.com.au



1. INTRODUCTION

1.1  You will be able to access most areas of this Website without  registering your details with us. Certain areas of this Website are  only open to you if you register.

1.2 We may revise these terms and  conditions at any time by updating this posting. You should check this  Website from time to time to review the then current terms and  conditions, because they are binding on you. Certain provisions of  these terms and conditions may be superseded by expressly designated  legal notices or terms located on particular pages of this Website. If  you do not wish to accept any new terms and conditions after we have  given notice, you should not continue to use this Website.



2. ORDERING FROM US

2.1  You are deemed to place an order with us by ordering via our online  checkout process. As part of our checkout process you will be given the  opportunity to check your order and to correct any errors. We will send  you an order acknowledgement, detailing the products you have ordered.

2.2  Our acceptance of an order takes place when we change the order status  to pending. We will send you a despatch confirmation by email. When we  despatch the order the purchase contract will be made even if your  payment has been processed immediately, unless we have notified you  that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:
  1. where goods are not available;
  2.  
  3. where we cannot obtain authorisation for your payment;
  4.  
  5. if there has been a pricing or product description error; or
  6.  
  7. if you do not meet any eligibility criteria set out in our terms and conditions.


3. PRICING

3.1 Our prices displayed include GST.

3.2  Where we charge separately for packing, carriage and insurance and  other relevant charges, the appropriate rates are set out in our  specified pricing structure shown elsewhere on this Website.

3.3 Our  prices are reviewed periodically and may change without notice. New  prices will be displayed and older prices removed from the website.



4. CANCELLATION AND RETURNS POLICY

4.1 If you wish to cancel your order: 
  1. you can notify us by email before we have dispatched the goods to you; or
  2.  
  3. where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2  You can return goods ONLY if pre approved by Tech Racing Products. Any returns not pre approved will not be accepted. Returns will only be approved if  the product(s) are defective in quality or workmanship. Any items returned that are found to be defective will be replaced by Tech Racing Products. The final decision on any product returns will remain with Tech Racing Products. The costs of returning goods to us shall be borne by you.

4.3  Upon receipt and inspection of the goods we will give you a full refund  of the amount paid less any postage and handling or an exchange credit  as required.

4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: - 
  1. in the event that the product has been used.
  2.  
  3. to any products that we have made or customised specifically for you
The provisions of this clause 4.4 do not affect your statutory rights.


5. LICENCE

5.1 You are permitted to print and download extracts from this Website for your own use on the following basis: 
  1. no documents or related graphics on this Website are modified in any way;
  2.  
  3. no graphics on this Website are used separately from accompanying text; and
  4.  
  5. any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2  Unless otherwise stated, the copyright and other intellectual property  rights in all material on this Website (including without limitation  photographs and graphical images) are owned by us or our licensors. For  the purposes of these terms and conditions, any use of extracts from  this Website other than in accordance with clause 5.1 above for any  purpose is prohibited. If you breach any of the terms in these terms  and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed  extracts from this Website.

5.3 Subject to clause 5.1, no part of  this Website may be reproduced or stored in any other website or  included in any public or private electronic retrieval system or  service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.



6. SERVICE ACCESS

6.1  While we endeavour to ensure that this Website is normally available 24  hours a day, we will not be liable if for any reason this Website is  unavailable at any time or for any period.

6.2 Access to this  Website may be suspended temporarily and without notice in the case of  system failure, maintenance or repair or for reasons beyond our  control.



7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the Privacy Policy,  any material you transmit or post to this Website will be considered  non-confidential and non-proprietary. We will have no obligations with  respect to such material. We and our nominees will be free to copy,  disclose, distribute, incorporate and otherwise use such material and  all data, images, sounds, text and other things embodied therein for  any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Website any material: 
  1. that  is threatening, defamatory, obscene, indecent, seditious, offensive,  pornographic, abusive, liable to incite racial hatred, discriminatory,  menacing, scandalous, inflammatory, blasphemous, in breach of  confidence, in breach of privacy or which may cause annoyance or  inconvenience;
  2.  
  3. for which you have not obtained all necessary licences and/or approvals;
  4.  
  5. which  constitutes or encourages conduct that would be considered a criminal  offence, give rise to civil liability, or otherwise be contrary to the  law of or infringe the rights of any third party, in Australia or any  other country in the world; or
  6.  
  7. which is technically harmful  (including, without limitation, computer viruses, logic bombs, Trojan  horses, worms, harmful components, corrupted data or other malicious  software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).

7.4  We will fully co-operate with any law enforcement authorities or court  order requesting or directing us to disclose the identity or locate  anyone posting any material in breach of clauses 7.2 or 7.3.



8. LINKS TO AND FROM OTHER WEBSITES

8.1  Links to third party websites on this Website are provided solely for  your convenience. If you use these links, you leave this Website. We  have not reviewed all of these third party websites and do not control  and are not responsible for these websites or their content or  availability. We therefore do not endorse or make any representations  about them, or any material found there, or any results that may be  obtained from using them. If you decide to access any of the third  party websites linked to this Website, you do so entirely at your own  risk.

8.2 If you would like to link to this Website, you may only  do so on the basis that you link to, but do not replicate, the home  page of this Website, and subject to the following conditions: 
  1. you do not remove, distort or otherwise alter the size or appearance of the
        logo;

  2. you do not create a frame or any other browser or border environment around this Website;
  3.  
  4. you do not in any way imply that we are endorsing any products or services other than our own;
  5.  
  6. you do not misrepresent your relationship with us nor present any other false information about us;
  7.  
  8. you do not otherwise use any trade marks displayed on this Website without our express written permission;
  9.  
  10. you do not link from a website that is not owned by you; and
  11.  
  12. your  website does not contain content that is distasteful, offensive or  controversial, infringes any intellectual property rights or other  rights of any other person or otherwise does not comply with all  applicable laws and regulations.
  13. We expressly reserve the right to  revoke the right granted in this clause 8.2 for breach of these terms  and to take any action we deem appropriate.
8.3 You shall  fully indemnify us for any loss or damage we or any of our group  companies may suffer or incur as a result of your breach of clause 8.2.



9. REGISTRATION

9.1 To register with Tech Racing Products you must be over eighteen years of age.

9.2  Each registration is for a single user only. We do not permit you to  share your user name and password with any other person nor with  multiple users on a network.

9.3 Responsibility for the security of  any passwords issued rests with you and if you know or suspect that  someone else knows your password, you should contact us immediately.

9.4  We may suspend or cancel your registration immediately at our  reasonable discretion or if you breach any of your obligations under  these terms and conditions.



10. DISCLAIMER

10.1  While we endeavour to ensure that the information on this Website is  correct, we do not warrant the accuracy and completeness of the  material on this Website. We may make changes to the material on this  Website, or to the products and prices described in it, at any time  without notice. The material on this Website may be out of date, and we  make no commitment to update such material.

10.2 The material on  this Website is provided “as is” without any conditions, warranties or  other terms of any kind. Accordingly, to the maximum extent permitted  by law, we provide you with this Website on the basis that we exclude  all representations, warranties, conditions and other terms (including,  without limitation, the conditions implied by law of satisfactory  quality, fitness for purpose and the use of reasonable care and skill)  which but for these terms and conditions might have effect in relation  to this Website.



11. LIABILITY

11.1  We, any other party (whether or not involved in creating, producing,  maintaining or delivering this Website), and any of our group companies  and the officers, directors, employees, shareholders or agents of any  of them, exclude all liability and responsibility for any amount or  kind of loss or damage that may result to you or a third party  (including without limitation, any direct, indirect, punitive or  consequential loss or damages, or any loss of income, profits,  goodwill, data, contracts, use of money, or loss or damages arising  from or connected in any way to business interruption, and whether in  tort (including without limitation negligence), contract or otherwise)  in connection with this Website in any way or in connection with the  use, inability to use or the results of use of this Website, any  websites linked to this Website or the material on such websites,  including but not limited to loss or damage due to viruses that may  infect your computer equipment, software, data or other property on  account of your access to, use of, or browsing this Website or your  downloading of any material from this Website or any websites linked to  this Website.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for 
  1. death or personal injury caused by negligence;
  2.  
  3. fraud;
  4.  
  5. misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3  If your use of material on this Website results in the need for  servicing, repair or correction of equipment, software or data, you  assume all costs thereof.

11.4 You agree to indemnify us fully,  defend and hold us, and our officers, directors, employees and agents,  harmless from and against all claims, liability, damages, losses, costs  (including reasonable legal fees) arising out of any breach of the  terms and conditions by you, or your use of this Website, or the use by  any other person using your registration details.



12. GOVERNING LAW AND JURISDICTION

12.1  These terms and conditions shall be governed by and construed in  accordance with Australian law. Disputes arising in connection with  these terms and conditions shall be subject to the exclusive  jurisdiction of the Australian courts.

12.2 We do not warrant that  materials/items for sale on the Website are appropriate or available  for use outside Australia. It is prohibited to access the Website from  territories where its contents are illegal or unlawful. If you access  this Website from locations outside Australia, you do so at your own  risk and you are responsible for compliance with local laws.



13. MISCELLANEOUS

13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

13.2  If any provision of these terms and conditions is found by any court of  competent jurisdiction to be invalid, the invalidity of that provision  will not affect the validity of the remaining provisions which shall  continue to have full force and effect.



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