PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES.
AUSCANNERS TERMS OF SERVICE
1.1 These Terms of Service govern your use of our website located at www.auscanners.com.au (the Site) and form a binding contractual agreement between you, the user of the Site and us, Fuel Economy Solutions Pty Ltd Trading as AUSCANNERS ABN 38163114485. For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site.
1.2 By viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.3 If you do not agree to these Terms, you may not access or otherwise use the Site offered on the Site.
In these Terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by AUSCANNERS to you.
Customer means a User who has placed an Order for the Products through the Site.
Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Products means the Products advertised for sale by AUSCANNERS on the Site.
Services means the online sales platform provided by AUSCANNERS through the Site. This includes Services currently offered by AUSCANNERS and any Services or Products that AUSCANNERS may choose to offer in the future.
Site means www.auscanners.com.au
User means a person who gains access to the Site as a casual website browser.
You means you, the person using the site in your capacity as a User or a User.
Us, We, Our means AUSCANNERS - ABN 38163114485.
3. ACCESSING THE SITE
3.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
3.2 All content and services provided on or through this site are provided “as is” and “as available” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.
3.3 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
All quoted prices include GST, but does not include delivery and handling fees. All prices are stated in Australian dollars (AUD).
5. SALES PROCESS
5.1 By complete the online order form to make a purchase, you are offering to enter into a contract for the purchase of goods from AUSCANNERS. If AUSCANNERS accepts your offer, the goods will be sold to you subject to the terms of sale under this clause 5.
5.2 The contract is made when AUSCANNERS accepts your order by giving notice to you. We will not accept your order until full payment is made, including the Product price and applicable delivery charges. The contract is made at our registered office address at 9/14 Gaffney Street, Coburg North. Victoria.
5.3 By placing an order, you warrant that you are at least 18 years of age and legally capable of entering into contracts in Australia.
5.4 By placing an order, you agree that you have read and understand the terms of sale under this clause 5 and agree to accept terms of sale, including the warranty. AUSCANNERS does not make any additional warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
(a) All orders will be shipped using appropriate courier service and without guarantee orders may take 10-15 days to receive.
(b) Anyone at the delivery address who receives the goods shall be presumed by AUSCANNERS to be authorised to receive the goods.
(c) AUSCANNERS will use all reasonable endeavours to deliver the Products by a requested or agreed date. However, it cannot completely guarantee delivery on that date and is not liable for any loss resulting from late delivery.
5.6 Product availability
(a) All Products offered for sale are subject to available stock. If a Product is out of stock, AUSCANNERS will contact you to inform you when you should expect your order to be despatched.
(b) If you do not accept a substitute delivery date AUSCANNERS will cancel your order and issue a credit to your credit card account in the amount charged. Refund will only be in the same mean in which your original payment was made.
5.7 Compatibility and Installation requirements
(a) Products may not always be suitable for a particular vehicle and therefore AUSCANNERS highly recommends that you check compatibility and suitability before purchase.
(b) Any advice provided by AUSCANNERS relating to compatibility, functionality and installation is given to help Customers purchase Products. AUSCANNERS disclaims that any advice given is not professional advice or instruction. We highly recommend that Customers who wish to use a Product themselves obtain the necessary advice or instructions from an experienced professional, or from a published and credible source. AUSCANNERS disclaims any liability for such advice.
(c) Due to the fact that the sale of Products are through Internet transactions, AUSCANNERS cannot assist or advice in technical use of the product beyond what is available on the Site and written instructions included by the manufacturer sent with your Product purchase. It is therefore the Customer’s responsibility to have the technical knowledge in diagnostics or performing diagnostics, service or programming functions on their vehicles. AUSCANNERS cannot be held liable for any difficulties or loss arising from the wrong use of a Product.
5.8 Performance levels
(a) Customers acknowledge and agree that these performance levels are an approximation only. The performance of the Products depends on the compatibility of the Product with your vehicle and its proper installation and use.
(a) Warranty coverage begins on the Product purchase date and runs until 30 days (the Warranty Period).
(b) AUSCANNERS warrants to the Customer that the AUSCANNERS Product will be free from defects in materials and workmanship for the duration specified above, which duration begins on the date of purchased by the Customer.
(c) AUSCANNERS warranty covers only those defects that arise as a result of normal use of the Product, and does not cover any other problems, including those that arise as a result of improper use, maintenance or modification; the use of alternative parts or supplies not provided or supported by AUSCANNERS; operation outside the Product’s specifications; unauthorised modification or misuse.
(d) This warranty only covers the Product only, not accessories, or shipping costs, there and back, and does not cover Products that have been re-manufactured, reverse engineered, cut or sawed into, or tampered with in any way after purchase.
(e) If AUSCANNERS receives, during the applicable warranty period, notice of a defect in any Product, which is covered by this warranty, AUSCANNERS shall either repair or replace the Product, at AUSCANNERS option. If AUSCANNERS is unable to repair or replace, a defective Product, which is covered by this warranty, AUSCANNERS shall, within a reasonable time after being notified of the defect, refund the purchase price of the Product as long as the defect is reported to AUSCANNERS within the Warranty Period.
(f) AUSCANNERS Products must be properly used in order to function as designed. It is recommended that a certified vehicle mechanic perform complex and more accurate diagnostics. This warranty does not cover non-performance of units improperly used. The user is responsible to understand how each feature and function of the product works
(g) In the unlikely event that there are missing parts or components that should have been included with the Products, those missing parts or components will be shipped to customer upon notification to AUSCANNERS.
5.10 Returns and refunds
(a) AUSCANNERS shall have no obligation to repair, replace, or refund until the Customer returns the defective Product to AUSCANNERS, along with proof of purchase.
(b) Any replacement Product may be either new or like new, provided that it has functionality at least equal to that of the Product being replaced. Replacement parts may contain re-manufactured parts, components, or materials equivalent to new in performance.
(c) AUSCANNERS recommends that the Customer retain the original packaging in which the AUSCANNERS Product was received. In the event a return of the Product is required, use the original packaging to prevent Product damage during shipment.
(d) The expense of all postage or shipping from a Customer to AUSCANNERS shall be the responsibility of the Customer.
(e) Proof of purchase is required when returning any parts.
(f) As per the Australian Consumer Law, in the event of a minor problem with a Product, AUSCANNERS may choose to give Customers a free repair instead of a replacement or refund. We will repair or replace any defective parts against manufacture defects, determined after the arrival of the defective parts. We will test each part to determine if the part is covered under our warranty, determined by the manufacturer. Repaired Products will be returned to fulfil the remainder of the Product’s original warranty duration.
(g) However, in the case of a major Product defect, the Customer is entitled to their choice of a replacement or refund. AUSCANNERS may refuse to give the Customer a replacement or refund if the Customer had a change of mind, misused the Product in any way that contributed to the defect, made an act or omission in a certain way against the advice of AUSCANNERS, or the defect is completely outside AUSCANNERS’ control.
5.11 Warranty disclaimers and limitations
(a) By placing an order, the Customer acknowledges that any alteration to a vehicle can result in the breach of various warranties provided by their manufacturers, distributors, or sales dealerships. The Customer acknowledges that he or she shall hold harmless AUSCANNERS, its affiliates, sponsors, whether in their own personal capacity or representative capacity through corporations, partnerships, and the like in any event a warranty is thereby nullified.
(b) Moreover, the Customer acknowledges and agrees that he or she is hereby apprised or does already know the fact that various alterations of their vehicle, no matter how minor or insignificant may not be in compliance with the laws of their particular state, jurisdiction, county, or other applicable laws.
(c) The Customer is warned that various alterations may be very hazardous especially with respect to performing bi-directional coding and programming functions on vehicles. AUSCANNERS denies all responsibility for any injuries or damages resulting from alterations to the vehicle ECU systems. Due to the dangerous nature of working with the computers of vehicles, AUSCANNERS expressly warns and recommends that any alterations to their vehicles be made by a licensed, certified, and experienced professional. In all cases, the Customer acknowledges and expressly agrees to assume the risks involved in the undertaking of any experimentations or alterations to any vehicle.
(d) The Customer acknowledges and agrees that installation of the Product may void the Original Equipment Manufacturer’s warranties. These warranties vary from vehicle manufacturer to vehicle manufacturer. As such, it is the Customer’s obligation to read and understand the limitations and liabilities of their Original Equipment Manufacturer’s warranties prior to the installation of the Product. As a third party, AUSCANNERS is not privy to the contract between the Customer and their vehicle’s Original Equipment Manufacturer. The Customer accepts the liabilities that may stem from any violation of its applicable Original Equipment Manufacturer’s warranties and indemnifies AUSCANNERS from any losses that they may incur.
6.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
6.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.
7 THIRD PARTY WEBSITES
7.1 The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by AUSCANNERS. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
7.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
8 INTELLECTUAL PROPERTY
8.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
8.2 We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.
8.3 Our Intellectual Property must not be used in connection with a Product or service that is not affiliated with us or in any way brings us in disrepute.
8.4 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
9 LIMITATION OF LIABILITY AND INDEMNITY
9.1 You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site.
9.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
9.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services. You must not assign or otherwise dispose of User account to any other person.
9.4 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
9.5 As a condition of your access to and use of the Site, you agree to indemnify AUSCANNERS and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Site and Services; or
(b) your installation and/or use of the Products; or
(c) your breach of these Terms and the sale terms under clause 5 and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your subscription term, and applies to claims arising both before and after the subscription term.
10.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.
10.2 We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
10.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
10.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
11.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
11.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
11.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
12 NO WAIVER
12.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
12.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
12.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 12.
13 FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
15 ENTIRE AGREEMENT
15.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and AUSCANNERS, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
15.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
16 GOVERNING LAW
These Terms is governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria, Australia.
17 UPDATES TO THESE TERMS
17.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
17.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
17.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
17.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
17.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.