TERMS AND CONDITIONS
Welcome to the Carparklock.com.au Pty Ltd Website.
Carparklock.com.au Pty Ltd (ACN 158 473 842) of Building 5, 303 Burwood Highway
Burwood East Vic 3151
(Carparklock.com.au) is the publisher of this Website.
Where our Website contains links to other Internet websites, these are managed by third parties and are therefore outside of our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
Security of Transmission
The nature of the Internet is such that we cannot and do not guarantee that any transmission of data by you is totally secure. Neither can we guarantee that this Website is free from viruses and other conditions which could damage or interfere with your computer systems. We do not warrant that your access to the Website will be without interruption or error. Whilst we take precautions to protect the information and content you transmit to us, we do not warrant and cannot ensure the security that information and content. Therefore, if you transmit to this website you do so at your own risk. If you become aware of any issue with the security of this website or the security of any information you have transmitted, you should contact us immediately.
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
Content means any material in any form published on our Website by us or any third party with our consent.
Goods means any of the goods represented on our Website in respect to which you may make an offer to purchase;
“Order” means an offer made by you in response to an invitation to treat made by Us via the Website.
Purchaser means any person, company or entity, including you, who purchases Goods from Our Website;
We or us means Carparklock.com.au Pty Ltd
Website means the entire computing hardware and software installation that is or supports our Website
Terms and Conditions of Sale:
1. Your purchase of goods from this Website is subject to the terms and conditions of sale (the Terms of Sale).
2. By purchasing from us, you agree to that you are bound by the Terms of Sale.
3. The Terms of Sale may be amended from time to time without notice.
4. You should review the Terms of Sale on each occasion you visit this Website.
5. You must be at least 18 years old to place an order through the Website.
6. All products represented for sale by us on the Website constitute an invitation to treat. No information on the Website constitutes an offer by us to sell any Goods and we therefore reserve the right to reject or cancel any order at our discretion.
7. These terms and any invoice referencing these terms govern the provision of Goods to you and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
8. By ordering and/or purchasing goods from this Website you acknowledge that you:
i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with us in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and us for the supply and installation of Goods.
9. We may sell Goods to you, subject to the Terms of Sale, if you make an offer to us to purchase Goods at the advertised price. You will do that by:
(i) placing an electronic Order for the goods using the website;
(ii) you confirming the Order details in accordance with the procedure on the Website;
(iii) you making payment in full (plus any applicable delivery charges) on the Website.
10. We will confirm acceptance of your Order when we send you a confirmation email.
11. We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the goods on the website, or an error in your Order.
12. You acknowledge that the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by either us or you respectively for reasons beyond the reasonable control of either of us and that to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
13. We may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
14. We may treat an electronic instruction as authentic and we are under no obligation to investigate whether it is authentic or whether the electronic instruction is made with or without the authority of the person in whose name the electronic instructions have purportedly been made, or to verify the accuracy and completeness of such electronic instructions. We assume no liability for identity theft, unauthorised use or misuse of your credit card by any third party. You acknowledge and agree that in using the payment facilities accessible via the website we are not liable for any fraudulent use of your credit card or of your personal information by a third party.
15. Photographs are for illustrative purposes only and may vary from goods depicted or described. We use our best endeavours to ensure that all descriptions and product information published on this Website are accurate. You agree that we are not liable for any inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase
16. The Goods that we list are available at the time we list them but their availability may be affected by the number and size of orders we receive at any one time. If we cannot accept your order we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
17. We will endeavour to deliver and install the Goods the subject of your Order within ten (10) days of the date you place your Order. We will contact you by telephone or email to arrange with you a suitable time for delivery.
18. If we give you notice that we will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and we will arrange for a full refund of any payment made by you.
19. Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change but the price that applies to you will be the price that is shown at the time you place your order.
20. The Price includes delivery within metropolitan areas of Australian capital cities and major regional centres only. We do not currently deliver outside these metropolitan areas.
21. The Price includes installation by adhesive. Should you require the Goods to be bolted to the lot, rather than secured by adhesive, any additional costs incurred for reports on post-tension cabling and/or engineering reports will be at your expense in addition to the advertised price on the Website.
22. We will arrange for a professional tradesman to install the Goods once we have received written approval from you and the lot owner (if you are not the lot owner) to do so and confirmation from you and the lot owner (if you are not the lot owner) as to the location at which the Goods are to be installed.
23. You will be required to be available in person to accept delivery and installation of your Order. If you are not available to take delivery and enable us to install your Goods on the date agreed, we may need to attend on another occasion. This will incur a subsequent attendance fee which will be payable by you prior to our return to deliver and install. This fee is currently $95 inc GST and may be varied from time to time.
Exclusions and Limitations:
24. We recommend you immediately inspect any Goods that we deliver to you to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you. You must contact us within fourteen (14) days of delivery and installation if you consider that the Goods are not of acceptable quality.
25. Our Goods have a twelve (12) month warranty from the manufacturer from date of purchase provided the Goods are serviced and operated in accordance with the operating manual. The warranty excludes batteries.
26. Title and risk in the Goods, such as loss and damage, pass to you on delivery and installation.
27. Complete details of your consumer rights may be found at www.consumerlaw.gov.au.
28. When you purchase Goods you acknowledge and agree, to the extent that is permissible by law, to indemnify us and our employees and agents from any damages, loss or expense (including without limitation, legal costs and expenses on an indemnity basis) incurred by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arises out of, in connection with or in respect to your use or misuse of the Goods, or the use or misuse of the Goods by someone with your authority or permission.
Security, Privacy, Personal Information and Merchant Facility
29. The merchant facility payment system (merchant facility) for your Order is currently being made available by Network Pacific Real Estate Pty Ltd (ACN 092 129 738) as our agent. Any Order placed through the merchant facility will be an Order placed with us. This website uses ANZeGate (Transaction Network Services ANZeGate) for the merchant facility. Neither we nor Network Pacific Real Estate Pty Ltd manage or control that merchant facility and therefore by placing an order through it, you acknowledge that neither we nor Network Pacific Real Estate Pty Ltd are liable for any damages or consequential losses (whether direct or indirect) suffered by you as a result of the theft or misuse of your personal or financial information or where a credit card or account is fraudulently used or is used without authorisation by you.
30. When you place an Order neither we nor Network Pacific Real Estate Pty Ltd store your credit card or banking details. However, we make no representation as to the privacy and personal information policy of ANZeGate and recommend you visit their websites for details of their privacy policies and security measures.
31. We or our related entities may collect personal information directly from you when you place an Order, or when you contact us. Personal information may include your name, residential and/or postal address, telephone number and email address.
32. We or our related entities, may use your personal information for the purposes for which you give it to us. You agree that we or our related entities may use your email address and telephone number to contact you concerning any promotions or products that we think may interest you, any Orders you place and information about the products sold via the website. If you would prefer not to receive promotional or other material from us or our related entities, please let us know and we will respect your request.
33. These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
34. If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the Website complies with the laws of any country outside Australia.
35. If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and conditions and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and us.
Intellectual Property Rights
36. All logos on the Website are our registered trademarks or used under limited non-exclusive license by us. This Website and its contents are subject to copyright which is owned by us or a third party. We do not grant you any intellectual property rights in this Website, its applications, interface or contents. You must not use any trademark displayed on this website.
38. This Website and its contents may be viewed or used for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another Website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written consent or, in the case of third party material, from the owner of the copyright in that material.
If you have any questions or concerns relating to your Order, please contact us by email at firstname.lastname@example.org
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