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 | Terms of Service |  | |
| Please read this agreement carefully. It governs your
use of the Original Parts Group web site and the services and goods
provided through the web site (collectively the "web site"). It exempts
Original Parts Group and other persons from liability or limits their
liability and contains other important provisions that you should read.
Each time you use the web site you acknowledge and signify that you have
read, understood, and agreed to be bound by this agreement. If you do not
agree with each provision of this agreement each time you use the web
site, you may not use the web site. Each time you use the web site, the
text of this agreement as it then reads will govern your use. Accordingly,
when you use the web site you should check the date of this agreement and
review any changes since the last version. |
| 1. YOUR ACCEPTANCE OF THIS
AGREEMENT: |
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|
This is an agreement between you and Original Parts
Group and governs your use of the Original Parts Group Web site and its
content and the services and goods provided through the Web site
(collectively the "Web Site"). Each time you use the Web Site you signify
your acceptance and agreement, and the acceptance and agreement of any
person you purport to represent (and for purposes of this Agreement,
"person" includes any type of incorporated or unincorporated entity),
without limitation or qualification, to be bound by this Agreement, and
you represent and warrant that you have the legal authority to agree to
and accept this Agreement on behalf of yourself and any person you purport
to represent. If you do not agree with each provision of this Agreement,
or you are not authorized to agree to and accept this Agreement, or you do
not have the legal authority to agree to and accept this Agreement, you
may not use the Web Site. |
| 2. CHANGES TO THIS
AGREEMENT: |
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|
You may not change, supplement, or amend this
Agreement in any manner. Original Parts Group may, in its sole discretion,
change, and supplement or amend this Agreement as it relates to your
future use of the Web Site from time to time, for any reason, and without
any notice or liability to you or any other person, by posting a revised
Agreement on the Web Site. |
| 3. PERMITTED USERS AND
ACCESS: |
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The Web Site may be used only by persons who have
reached the age of majority or legal age in their jurisdictions and who
can form legally binding contracts under applicable law. The Web Site may
not be used by persons in jurisdictions where access to or use of the Web
Site or any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Web Site is lawful,
and you must comply with all applicable laws. |
| 4. MISPRINTS AND ERRORS,
PRODUCT AVAILABILITY, PRICES, AND ORDERS: |
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Original Parts Group endeavors to provide current and
accurate information on the Web Site. Nevertheless, misprints or other
errors may occur. Accordingly, Original Parts Group reserves the right to
change the prices, fees and charges regarding the goods and services
available through the Web Site at any time and from time to time without
any notice or liability to you or any other person. Also, Original Parts
Group cannot guarantee that goods or services advertised on the Web Site
will be available when ordered or thereafter. Original Parts Group also
reserves the right at any time to reject, correct, cancel or terminate any
order. If you order goods or services for which the price was incorrectly
displayed, Original Parts Group will provide you with an opportunity to
cancel your order. If you order goods or services that are not available,
Original Parts Group will notify you by email. Original Parts Group
reserves the right to limit quantities licensed or sold. The
advertisements on the Web Site are invitations for purchase orders, and
are not offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the goods or services referenced in
your order. Your order shall be deemed to be accepted only if and when
Original Parts Group sends an order acceptance and shipping notice email
to your email address. If you wish to cancel an order, you may request a
cancellation by sending an email to DIY Tools. However, Original Parts
Group may not receive and process your cancellation request before it
accepts and processes your order, in which case your cancellation request
may not be effective. |
| 5. DISCLAIMER, LIABILITY
EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY: |
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Original Parts Group strives to make your use of the
Web Site a useful and enjoyable experience, and a safe and easy way to
purchase goods over the Internet. Nevertheless, Original Parts Group and
its service providers (the "Providers") do not accept any liability for
your use of the Web Site. For that reason, the following provisions apply
to your use of the Web Site: |
|
5.1 DISCLAIMER |
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YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY
Original Parts Group AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY
LAW. |
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YOU (AND NOT Original Parts Group OR THE PROVIDERS )
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO
ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING
TO YOUR USE OF THE WEB SITE. |
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THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY
NUMEROUS FACTORS BEYOND Original Parts Group'S CONTROL. THE OPERATION OF
THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY
AND PRIVACY RISKS CANNOT BE ELIMINATED. |
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Original Parts Group IS UNDER NO OBLIGATION TO VERIFY
THE IDENTITY OF USERS OF THE WEB SITE. |
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THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE
OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL
SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Original Parts Group IS NOT A
PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY
REGARDING ALL SUCH TRANSACTIONS. |
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Original Parts Group AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR
CONDITION THAT: |
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THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER
AND RELATED EQUIPMENT AND SOFTWARE; |
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THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION
WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE
CORRECTED; |
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THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE
WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; |
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CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE
USE OF THE WEB SITE; |
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THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND
DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES,
WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR |
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THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS
( INCLUDING INTELLECTUAL PROPERTY RIGHTS ) OF ANY PERSON; |
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AND Original Parts Group AND ITS PROVIDERS DISCLAIM
ANY AND ALL LIABILITYREGARDING SUCH MATTERS TO THE FULLEST EXTENT
PERMITTED BY LAW. |
|
5.2 LIABILITY
EXCLUSION |
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Original Parts Group AND ITS PROVIDERS WILL NOT UNDER
ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF
USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS ( ANTICIPATED OR
OTHERWISE ), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED
WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON,
AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Original
Parts Group OR ANY PROVIDER OR ANY PERSON FOR WHOM Original Parts Group OR
ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT Original Parts
Group OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. |
|
5.3 LIABILITY
LIMITATION |
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|
IN NO EVENT WILL Original Parts Group OR ANY OF ITS
PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND
REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Original
Parts Group OR ANY PERSON FOR WHOM Original Parts Group IS RESPONSIBLE,
EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO Original Parts Group FOR THE
USE OF THE WEB SITE, WHICHEVER IS LESS. |
|
5.4 RELEASE |
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YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH
OF DIY Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR
CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS,
DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL
FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND
HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB
SITE. |
|
5.5 INDEMNITY |
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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH
OF DIY Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR
CONNECTED PERSONS ( COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM AND
AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED
PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO,
OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS
AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED
BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
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ADVICE AND INFORMATION PROVIDED BY Original Parts
Group OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY
REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT,
INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH
ADVICE OR INFORMATION. |
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The exclusion of certain warranties and the
limitation of certain liabilities are prohibited by legislation in some
jurisdictions. Such legislative limitations may apply to you. |
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The disclaimer, liability exclusion, liability
limitation, release, and indemnity provisions in this Agreement survive
indefinitely after the termination of this Agreement. |
| 6. TERMINATION OF THIS
AGREEMENT AND THE WEB SITE: |
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If you breach any provision of this Agreement, you
may no longer use the Web Site. |
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Original Parts Group may, in its sole discretion,
change, suspend or terminate, temporarily or permanently, the Web Site or
any part of it or any of its features at any time, for any reason, without
any notice or liability to you or any other person. |
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|
Original Parts Group may at any time and for any
reason, with or without cause, and in its sole discretion, immediately
suspend or terminate ( in whole or in part ) your permission to use the
Web Site, without any notice or liability to you or any other
person. |
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If this Agreement or your permission to use the Web
Site is terminated by you or Original Parts Group for any reason, this
Agreement will nevertheless continue to apply and be binding upon you in
respect of your prior use of the Web Site and your purchases of goods and
services through the Web Site and anything connected with, relating to or
arising from those matters. |
| 7. INFORMATION
SUBMISSIONS: |
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All information you provide through the Web Site,
including registration information (name and email address), payment
information (credit card numbers and expiration dates), and
transaction-related information, must be true, accurate, current and
complete. You must also provide Original Parts Group with updated
registration information and payment information within 30 days of any
changes. |
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Original Parts Group will rely on the information you
provide. You will be solely responsible and liable for any and all loss,
damage, and additional costs that you, Original Parts Group or any other
person may incur as a result of your submission of any false, incorrect or
incomplete information or your failure to update your registration
information and payment information within 30 days of any change. Original
Parts Group may require a copy of a government-issued form of
identification before making any changes to your registration
information. |
| 8. OWNERSHIP AND PERMITTED
USE OF THE WEB SITE: |
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|
The Web Site and all information ( in text,
graphical, video and audio forms ), images, icons, software, design,
applications and other elements available on or through the Web Site are
the property of DIY Tools, its Providers and others, and are protected by
AUSTRALIA and international copyright, trade-mark, and other laws. Your
use of the Web Site does not transfer to you any ownership or other rights
in the Web Site or its content. You may only use the Web Site in the
manner described specifically in this Agreement. |
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The Web Site may not be used for any purpose not
expressly permitted by this Agreement. In particular, except as expressly
stated otherwise in this Agreement, the Web Site may not be copied,
imitated, reproduced, republished, uploaded, posted, transmitted,
modified, indexed, catalogued, or distributed in any way, in whole or in
part, without the express prior written consent of Original Parts Group.
You may not use any of the software that is used in the operation of the
Web Site except while you are use the Web Site. You may not reproduce,
copy, duplicate, sell, or resell any part of the Web Site (including the
software used in the operation of the Web Site) or access to the Web
Site. |
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The Web Site is made available to you for your lawful
use only. You may not print or download the pages. |
| 9. PERSONAL INFORMATION
PRIVACY: |
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|
Original Parts Group collects, uses, and discloses
your personal information in accordance with the Privacy Policy, which is
available here. Original Parts Group may change the Privacy Policy from
time to time in its sole discretion. By accepting this Agreement, and each
time you use the Web Site, you consent to Original Parts Group's
collection, use and disclosure of your personal information in accordance
with the Privacy Policy as it then exists without any further notice or
any liability to you or any other person. |
| 10. OTHER WEB
SITES: |
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The Web Site includes advertisements for, and links
to, other Web sites or resources and businesses operated by other persons
("Other Sites"). Other Sites are independent from Original Parts Group,
and Original Parts Group has no responsibility or liability for or control
over Other Sites, their business, goods, services, or content. Links to
Other Sites are provided solely for your convenience. Original Parts Group
does not sponsor or endorse any Other Sites or their content or the goods
or services available through those other Web Sites. Your use of Other
Sites and your dealings with the owners or operators of Other Sites is at
your own risk, and you shall not make any claim against Original Parts
Group arising out of your use of any Other Sites or your dealings with the
owners or operators of any Other Sites. As between you and Original Parts
Group, the provisions of this Agreement under the section headed
Disclaimer, Liability Exclusion, Liability Limitation, Release and
Indemnity apply, with all necessary modifications, to your access to and
use of any Other Sites and their business, goods, services, and
content. |
| 11. LINKING TO THE WEB
SITE: |
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Anyone may link to
http://www.originalpartsgroup.com.au/ at any time. |
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Original Parts Group reserves the right to cancel and
revoke any permission it may give to link to the Web Site at any time, for
any reason, without any notice, and without any liability to you or any
other person. |
| 12. TRANSACTION
AGREEMENTS: |
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All transactions through the Web Site, including the
purchase and sale of Advertising and services and the licensing of
software, are governed by this Agreement and any applicable Transaction
Agreement. By participating in a transaction through the Web Site, you
signify your agreement and acceptance of the applicable Transaction
Agreement. |
| 13. PROMOTIONS: |
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From time to time Original Parts Group may make
promotions available to users of the Web Site and others. All promotions
are governed by this Agreement and the applicable promotion rules. By
participating in a promotion through the Web Site, you signify your
agreement and acceptance of this Agreement and the applicable promotion
rules. |
| 14. DISPUTE
RESOLUTION: |
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Any dispute or difference arising in connection with
this agreement shall be submitted to arbitration in accordance with, and
subject to, the Rules for the Conduct of Commercial Arbitrations of the
Institute of Arbitrators, AUSTRALIA. During such arbitration, both parties
may be represented by a duly qualified legal
practitioner. |
| 15. GENERAL: |
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This agreement shall be governed by the laws of the
State of Victoria and the parties hereby submit to the jurisdiction of the
Courts of that State for the resolution of any dispute under this
agreement. |
| THIS AGREEMENT
IS SUBJECT TO CHANGE WITHOUT NOTICE! | | | | |
|
