Terms & Conditions

Introduction and Acceptance

The Cars For Hope Store website located at http://store.carsforhope.com.au/ (the “website”) includes all subdomains present and future.  By visiting and/or using the website, you agree to be bound by the following Terms & Conditions (“Terms & Conditions”).

Where these Terms & Conditions refers to “Cars For Hope,” “we,” “our” or “us” it refers solely to Cars For Hope Incorporated.

Where these Terms & Conditions refers to “user,” “customer,” “you,” “them” or “their” it refers to a visitor or user of the website.

Where a website user has made a purchase, they may be referred to as “customer” and are also governed by various policies regarding shopping, shipping and returns.

Use of the Website

This website and all of its contents are intended solely for personal use which is non-commercial.  Any other use is strictly prohibited.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of this website.  Usage of this website grants you no rights to any copyright or intellectual property rights relating to the content of the website.  All content used on this website is the property of Cars For Hope Incorporated or its suppliers and is protected by Australian and international law.

Disclaimer

This website is provided by us on an “as is” and “as available” basis, except as expressly stated by us.  We make no representations or warranties of any kind, express or implied, as to the operations of the website or the information, content, materials or products included on this website.  To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  Because some jurisdictions do not allow the exclusion of implied warranties, this exclusion of implied warranties may not be applicable to you.

Without limiting the foregoing, we disclaim any and all warranties, express or implied, for any merchandise offered on this website.  You acknowledge by the use of this website, that your use of this website is at your sole risk.

This disclaimer does not apply to any product warranty offered by the manufacturer of the item, and constitutes an essential part of this agreement.

Indemnification

You agree to defend, indemnify and hold Cars For Hope Incorporated harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this website.

Limitation of Liability

Limitation of liability under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Cars For Hope Incorporated or any of its affiliates, owners, officials, employees, volunteers, directors, officers, agents, partners, vendors or suppliers and other related entities, representatives, successors and assigns be liable to you or to any other person for any indirect, special, incidental or consequential losses of damages of any nature arising out of or in connection with the use of or inability to use this website, including, but not limited to, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorised representative of us has been advised of or should have known of the possibility of such damages.

In no event will we be held liable for any damages in excess of the fees paid by you in connection with your use of the site preceding the date on which the claim arose.

Termination

These Terms & Conditions are effective unless and until terminated by either you or us.  You may terminate this agreement at any time, provided that you discontinue any further use of this website.  We may also terminate this agreement at any time and may do so immediately and without prior notice, and accordingly deny you access to the website, if at our sole discretion you fail to comply with any term or provision of this agreement.

Upon any termination of the agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise.

Security

Users are prohibited from:

Violating or attempting to violate the security of this website, including, but not limited to, accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;

Attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorisation;

Attempting to interfere with service to any user, host or network, including, but not limited to, by means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing,” “crashing,” sending unsolicited emails, including promotions or advertising of products or services or forging any TCP/IP packet header of any part of the header information in any e-mail or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree:

Not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;

Not to use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine on this website and other than generally available third party website browsers.

Password and Accounts

It is your responsibility to maintain the confidentiality of your password and account, and all activities that take place under your password or account.  We are not liable for any loss or damage that may occur as a result of your failure to comply with this clause.

If you believe that there has been a security breach or misuse of your password or account, please contact us immediately.

Access

We reserve the right to immediately suspend, terminate or limit your access to this website for any reason at our sole and absolute discretion.

We will not accept any liability if your access to this website is unavailable for any reason.

Third Party Websites

This website may contain links to third party websites.  We are not responsible for the condition or content of those websites as they are not under our control.  You access those websites and/or use their products and services solely at your own risk.  The links are provided solely for the convenience of the user and do not indicate, expressly or impliedly, an endorsement of us of those websites or the products of services provided on those websites.  You must not link any third party website to this website without the expressed written permission of Cars For Hope Incorporated.

Cookies

Our website uses cookies to distinguish you from other users of the website.  We may use cookies to help us to provide you with a good browsing experience and also to help us to improve the website.

Our cookies do not contain any personal identifiable information, and cookies cannot be used to harm your computer or devices.

Damage to Computer or Other Devices

We will take reasonable care to ensure that our website is free from dangerous content, however, cannot guarantee that use of this website will not cause damage to your computer or other devices.  It is the responsibility of the user to use this website safely under their sole discretion.

Pricing or Typographical Errors

We endeavour to provide accurate product and pricing information, though pricing or typographical errors may occur.  We cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in product or pricing information, we have the right, at our sole and absolute discretion, to refuse or cancel any orders placed for that item.  Prices and availability are subject to change without prior notice.

Colour Accuracy

We have made every effort to display the colours of the products on our website as accurately as possible.  However, we cannot guarantee the accuracy of your monitor or screen and so the actual colour may differ from that displayed.  We will not accept any liability for any discrepancies in colour and/or colour accuracy.

Ordering

You acknowledge that all merchandise purchased under these Terms & Conditions are intended for personal non-commercial use only and will not be resold.

We reserve the right to limit the quantity of items purchased per person, per household or per order.  These restrictions may be applicable to orders placed using the same account, the same credit card, or to orders which use the same billing and/or shipping address.  We will provide notification to the customer via e-mail and/or to the billing address provided should such limits be applied.

User Reviews, Feedback and Submissions

All reviews, comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “comments”) shall be and remain the property of Cars For Hope Incorporated.  Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments.  Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments.  We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.  We are and shall be under no obligation: to maintain any comments in confidence; to pay to a user any compensation for any comments, or; to respond to any user comments.  You agree that any comments submitted by you to this website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity.  You further agree that no comments submitted to you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.  We do not regularly review posted comments, but do reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to this website.  You grant us the right to use the name that you submit in connection with any comments.  You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit.  You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify Cars For Hope Incorporated and its affiliates for all claims resulting from any comments you submit.  Cars For Hope Incorporated and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

Changes

We reserve the right, at any time and without prior notice, to modify, change or replace any of these Terms & Conditions.

Any changes we make to the Terms & Conditions in the future will be posted on this page.  Please check back to this page frequently for any updates or changes.  Your use of this website following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes.

Governing Law

These Terms & Conditions represent the complete agreement between the parties and superseded all prior agreements and representations between them.  If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full effect.

These Terms & Conditions shall be governed and construed by Australian law and you and we agree to submit to the non-exclusive jurisdiction of the Australian courts in respect of any action or proceeding arising hereunder.