License to Use the Site
US Auto Parts Australia™ grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by US Auto Parts Australia, you may not use the Site or the Services for any commercial purpose.
Changes to Terms and Conditions of Use
US Auto Parts Australia reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
US Auto Parts Australia owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to international conventions, and other copyright laws. US Auto Parts Australia, and/or its third party providers, are the owners of the copyright in the entire Site. US Auto Parts Australia owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of US Auto Parts Australia. You may content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of US Auto Parts Australia and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of US Auto Parts Australia and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
Change to Site or Content
US Auto Parts Australia shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. US Auto Parts Australia may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to US Auto Parts Australia that you:
- Will only use this Site and Services for lawful purposes in accordance with these terms and conditions of use;
- Agree and consent to our Privacy Policy;
- Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of US Auto Parts Australia or third parties in connection with your use of the Site;
- Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
- Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
- Will not intentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
- Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
- Will not scroll faster than others in chat rooms in a way that affects others’ right of enjoyment of the Site; and
- Will not access or attempt to access unauthorized areas of the Site, tamper with other users’ postings, or unreasonably load or burden the Site’s servers.
Members who violate these terms and conditions of use, at US Auto Parts Australia sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that US Auto Parts Australia has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that US Auto Parts Australia may establish from time to time. Notwithstanding this right of US Auto Parts Australia, US Auto Parts Australia does not and cannot review all materials posted to the Site by users, and US Auto Parts Australia is not responsible for any such materials posted by users. US Auto Parts Australia reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in US Auto Parts Australia sole discretion, such materials are objectionable or in violation of these terms and conditions of use. US Auto Parts Australia does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. US Auto Parts Australia reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless US Auto Parts Australia, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, representatives, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. US Auto Parts Australia reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of US Auto Parts Australia.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by US Auto Parts Australia or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that US Auto Parts Australia or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of US Auto Parts Australia or any of its affiliates. US Auto Parts Australia is not responsible for content on or services provided by other Web sites that are linked to or from the US Auto Parts Australia site, including without limitation US Auto Parts Australia partners’ Web sites and services. You should direct any concerns regarding any external link to its Site administrator or Webmaster under the contact us section.
Disclaimer of Warranties and Damages; Limitation of Liability
The site, including all services, content, software, functions, materials and information made available on or accessed through the site, is provided to site visitors, members, and any other third party on an “as is” and “as available” basis without representations or warranties of any kind whatsoever express or implied, including without limitation, warranties of non-infringement, merchantability or fitness for a particular purpose. Neither US Auto Parts Australia nor its content providers or partners warrant that the services, functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any site or server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy, meaningfulness, or reliability of the site, content, materials, services, information or functions made accessible by the site, any products or services of or hypertext links to, third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. US Auto Parts Australia and its partners, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to US Auto Parts Australia negligence. If you are dissatisfied with the site, services or any materials on the site, your sole remedy is to discontinue using the site.
Under no circumstances shall US Auto Parts Australia, its subsidiaries, partners, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site and the content, materials, services and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorised representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may apply to you.
Rights to materials
Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by US Auto Parts Australia and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
Subject to your express instructions to keep certain information strictly confidential, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to US Auto Parts Australia a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against US Auto Parts Australia for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that US Auto Parts Australia is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site may not be confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to US Auto Parts Australia or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and US Auto Parts Australia or any US Auto Parts Australia affiliate or subsidiary other than pursuant to these terms and conditions of use. US Auto Parts Australia shall not be responsible for the payment of any monies to any party in connection with US Auto Parts Australia use of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the site or services for any commercial purpose.
Termination
You understand and agree that US Auto Parts Australia may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. US Auto Parts Australia may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user’s access to the Site or the Services, for any reason. You understand and agree that US Auto Parts Australia may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that US Auto Parts Australia shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Members may terminate its Member Account at any time by sending a request of termination by e-mail to US Auto Parts Australia using the contact us section.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the Queensland. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and US Auto Parts Australia with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or US Auto Parts Australia of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
US Auto Parts Australia Privacy Policy
US Auto Parts Australia has created a privacy statement in order to demonstrate our firm commitment to our visitors’ and participants’ privacy. This Privacy Policy is located here, and is also incorporated into, the web sites “Terms of Use”. Click here to read the full Privacy Policy
Non-Personal Information
During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the US Auto Parts Australia Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.
As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called “click stream” data, can be collected and stored by a Web site’s server. Click stream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the US Auto Parts Australia Site, and in some instances, your e-mail address. We may use click stream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the US Auto Parts Australia Site.
Personal Information
When registering at our Site as a Member, you may be asked to provide certain personally identifiable information about yourself, such as your name, company name, job title, e-mail address and certain information about your business and preferences. You may also be given the option of providing additional personal information such as your URL, phone and fax number and mailing address.
We use personal information provided by Members to notify Members about opportunities, deliver US Auto Parts Australia newsletters and otherwise communicate with Members about US Auto Parts Australia and its products and services. US Auto Parts Australia will not share any personal information of Members with any unaffiliated third parties, without your consent.
As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Member Account information with current, accurate and complete information. You may do this, using your password and user name, by visiting the customer service portion of the US Auto Parts Australia Site at the Account Details section to make such changes.
Cookies
“Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the US Auto Parts Australia Site. US Auto Parts Australia may use cookies to customize your Site experience, to make sure you don’t see the same ad repeatedly, to deliver content specific to your interests, to save your password (in some cases) so you don’t have to re-enter it each time you visit our Site, and for other purposes. However, you may disallow cookies through your Web browser and still visit our Site. US Auto Parts Australia will never use cookies to retrieve information from a computer that is unrelated to the US Auto Parts Australia Site or Services or your interaction with the US Auto Parts Australia Site.
Security
We take your security seriously for all personal and non-personal information associated with our visitors and participants. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and US Auto Parts Australia, and US Auto Parts Australia and you, will be free from unauthorized access by third parties.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. We use SSL 256 bit encryption for our online secure transactions. Our web site is tested on a regular basis by our independent experts. We are constantly upgrading our technology to the latest available to offer our visitors a safe and enjoyable browsing experience.
Voucher conditions of use
Gift voucher is only valid when final purchase order is equal to or in excess of $300.00AUD according to the terms of use policy.
Choice/Opt-Out
If we ever send you information by e-mail concerning new US Auto Parts Australia products or services, we will provide you with an unsubscribe link at the base of the e-mail by which you may request no future e-mails and remove your e-mail address from our database.
Payment Security
We use SSL 256 bit encryption for our online secure transactions.
For our detailed terms of use refer to our sales terms section located on our site.
Your Acceptance of this Policy
By visiting this Site or receiving our services and or products offered, you signify your assent to our then-current privacy policy and terms of sale. If you do not agree to this policy, please do not use our site, products and or services. US Auto Parts Australia reserves the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.