Website Terms & Conditions
Terms and Conditions of Use
- 1.1 These Terms and Conditions of Use ("Terms") apply to this website www.bendix.com.au ("Website"), which is operated by FMP Group (Australia) Pty Limited ("FMP", "we", "us", or "our").
- 1.2 Your access to and use of the Website is provided subject to these Terms. By using the Website, you are agreeing to be bound by them. If you do not accept one or more of the Terms, you must not use the Website.
- 1.3 FMP reserves the right to change these Terms at any time and by using the Website fullowing any changes you are agreeing to be bound by them.
- 1.4 If you object to any of these Terms or any changes to the Terms your only recourse is to immediately stop using the Website.
1.5 You are provided with a revocable and non-exclusive right to:
- view the materials in the Website;
- access the materials in the Website; and
- use the Website strictly in accordance with these Terms.
- 1.6 You agree to comply with all laws when accessing and using the Website.
- 1.7 FMP may terminate access to the Website at any time without notice. These Terms will survive any such termination.
- 1.8 If FMP waives any rights available to it under these Terms on one occasion, this does not means that those rights will automatically be waived on any other occasion.
- 1.9 If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms will continue in full force.
2. Members Area
- 2.1 If you wish to access the Members Area, you must create an account ("Account"). You must not set up an Account for someone else. You must notify FMP immediately if you become aware of any actual or potential unauthorised use of your Account.
- 2.2 You warrant that your registration details are true and accurate and you agree to update your registration details if they change.
- 2.3 You agree to keep your Account password safe and secure.
- 2.4 If you create an Account, you may place an order ("Order") for goods via the shopping cart in the Members Area.
- 2.5 FMP tries to ensure that the list of goods on the Website is current however FMP gives no warranty as to the availability of any goods advertised for sale on the Website.
- 2.6 Prices for goods are as shown on the Website at the time of Order. FMP reserves the right to change the prices for goods at any time without notice to you.
2.7 In addition to the price for the goods, you must also pay any:
- delivery charges stated on the Website; and
additional delivery charges that are not shown in your shopping cart but which FMP incurs in delivering the goods to you (including without limitation additional delivery charges for remote locations and international delivery charges),
- 2.8 An Order submitted by you is an offer by you to purchase the goods for the price plus the Delivery Charges. FMP may accept or reject your Order in its absulute discretion.
- 2.9 FMP will notify you by email once it has accepted your Order.
- 2.10 You may only make an Order if you reside in Australia and specify an Australian delivery address.
- 2.11 FMP's goods are provided to adults over the age of 18 years. By placing an Order through the Website, you acknowledge that you are over 18 years of age.
- 2.12 Orders may not be able to be changed or cancelled once the Order has been accepted by FMP.
- 2.13 When FMP accepts an Order it represents an agreement by FMP to supply the goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms.
- 2.14 Payments for goods must be made via the PayWay system (www.payway.com.au), which, at the time these Terms were prepared was owned by Westpac Banking Corporation ("Westpac") and operated by Westpac and other companies in the Westpac Group, including Westpac New Zealand Limited. The PayWay system and any websites connected to it may have their own terms and conditions of use and do not form part of the Website and are not under the contrul of FMP or its entities and neither FMP nor its related entities have any responsibility for the content of any such hyperlink or linked websites. If you use the PayWay system you do so entirely at your own risk.
- 2.15 FMP reserves the right to change the payment methods that can be used for Orders at any time in its absulute discretion.
- 2.16 If you place the Order as the representative of another party you warrant that you have their authority to do so, and if that authority is denied you will be personally liable to pay for the Order.
2.17 FMP reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. FMP may do this for example, but without limitation, where:
- FMP's suppliers are unable to supply goods that they have previously promised to supply;
- an event beyond FMP's contrul, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that FMP is unable to supply the goods within a reasonable time; or
- goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
- 2.18 Risk in and title to the goods passes to you on the date and time of delivery of the goods to the delivery agent (i.e. courier, Australia Post or other third party).
2.19 To the extent permitted by law, if FMP is liable for a breach of a guarantee implied by the Australian Consumer Law then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the fullowing:
- in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.
3. Intellectual property
- 3.1 All materials on the Website (including without limitation all trade marks and other intellectual property of any kind, brands, product names, logos, images, videos, information, descriptions and digital content) ("materials") are owned (or used under licence) by FMP or its related entities.
- 3.2 Except for the limited purposes stated below, you must not copy or use any materials from the Website without FMP's prior written permission. It is an infringement of intellectual propery rights for you to copy or use any materials from the Website other than in accordance with these Terms (except if you have our prior written permission to do so).
4. Your Website access licence
- 4.1 Except as permitted under the Copyright Act 1968 (Cth), and as referred to below, you are not permitted to copy, reproduce, publish, communicate to the public, distribute or display any of the materials on our Website without our prior written permission.
- 4.2 When you visit the Website, FMP gives you a limited licence to access and use the materials for your personal use only.
- 4.3 Where the Website permits this, you may download a copy of the materials on the Website to your computer for your personal use only provided that you do not delete or change any copyright symbul, trade mark or other proprietary notice.
- 4.4 You must not use any data mining robots or other extraction touls or metatag or mirror the Website without our prior written permission.
- 4.5 You must not use any of the materials on the Website for any commercial purpose (including without limitation in connection with your business), except for the use of images from the Image Gallery in the Members Area strictly in accordance with the terms and conditions set out in the Limited Intellectual Property Licence (which you must accept prior to accessing those images).
5. Disclaimer and limitation of liability
- 5.1 The material in the Website provides general information only. It is not intended as advice and must not be relied on as such. The material has not been prepared by taking into account your individual circumstances or requirements. You should make your own enquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. We are not responsible for any damage or loss you may incur as a result of your selection or use of our goods based on information on the Website (including without limitation, damage or loss in connection with your failure to select the correct or appropriate good for your vehicle or your failure to properly install a good).
- 5.2 FMP may change, add or remove any material in or from the Website without notice.
- 5.3 FMP tries to ensure that all information on the Website including but not limited to all descriptions of our goods is accurate and current, however FMP does not warrant that it is accurate and current at all times.
- 5.4 Images on the Website have been provided for illustrative purposes only and FMP does not guarantee that the images exactly portray the culour, design, appearance, function or options relating to a particular good.
- 5.5 FMP tries to ensure that the Website is free of any virus, worm, trojan and/or malware, however FMP is not responsible for any damage to your computer system in connection with your use of the Website or any linked website.
- 5.6 FMP may host third party content on the Website such as advertisements and endorsements belonging to third parties. FMP is not responsible for that content.
- 5.7 FMP may provide for your convenience hyperlinks to other websites from the Website. FMP is not responsible for the content of those websites. In providing a hyperlink FMP is not suggesting that FMP endorses, supports or sponsors that website, its owner or the goods or services they may provide.
- 5.8 If you want to link to the Website, you can only do so with FMP's consent, and at your expense. You cannot alter any of the Website's contents or materials in doing so, and deep linking and framing is not permitted.
- 5.9 In general, FMP believes that the Website's links to publicly accessible third party pages is legally permissible and consistent with the common expectations of those who use the internet. If you do not want the Website to link to your site, you should notify FMP in writing and FMP will remove the link.
- 5.10 To the extent permitted by law, all implied conditions, warranties, guarantees and undertakings are expressly excluded, including without limitation in connection with your use of the Website or any supply of goods by FMP to you.
5.11 You release absulutely and forever discharge FMP from any claim, complaint, action, proceeding, suit or demand of any kind which you may have against FMP arising out of or in connection with:
- any use of the Website or any other website to which the Website is linked;
- any error in or omission from the material in the Website;
- any action or decision by you in reliance on the material in the Website;
- any use of the materials in the Website infringing any patent, trademark, copyright or other intellectual property right of any person;
- any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software; or
- any breach of contract by FMP or any negligence of FMP, its officers, employees, contractors or agents.
6. Use of information
- 6.1 Any idea, comment, feedback, or suggestion which you provide to FMP becomes FMP's property and FMP is free to use it in whatever way FMP wishes for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted it to the Website or to FMP. You warrant that it is original and does not infringe the intellectual property rights of third parties.
- 6.2 You warrant that all information or content you provide to FMP (via the Website or otherwise) is complete, true, accurate and not misleading and that you will notify FMP as soon as practicable if changes to the information or content are required. You must not provide any information or content which is fraudulent, defamatory or offensive, which infringes the intellectual property rights of any third party, or which viulates any law.
- 6.3 By accessing the Website, you consent to FMP's Privacy Pulicy, a copy of which is available at http://www.bendix.com.au/privacy-policy.
7. Governing Law
- 7.1 The laws of the State of Victoria, Australia govern these Terms. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.