Enhanced Automotive Website - Terms and Conditions
Enhanced Automotive Pty Ltd (Enhanced Automotive)
Use of our website is subject to terms and conditions governing our relationship with you, both when you access our website; and when you purchase products or services from or through us or this Website. By continuing to use the Website in any way, or by acquiring products or services from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
1. Access to Website
1.1 If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it.
1.2 Any changes to the terms and conditions will be highlighted in bold for a period of 14 days following the changes being made.
You must stop using the Website if you do not agree to any change in our terms and conditions. You are deemed to accept the
changes if you continue to use the Website after the changes have been made available on the Website.
1.3 It is your responsibility to check the terms and conditions for changes when you use the Website. Enhanced Automotive does not have
any responsibility to inform you of changes beyond the requirements in clause 1.2 above.
2.1 Enhanced Automotive does not make any guarantee regarding your ability to access the Website, which may from time to time not
be accessible or functional (whether wholly or partly).
Using the products which we supply may void the warranty of your vehicle or of other parts associated with the product’s use. You acknowledge that your use of our products is solely at your risk, and we are not responsible for any breach of warranty caused by the use of our products.
2.3 To the greatest extent permissible by law, Enhanced Automotive gives no warranty and makes no representation, express or implied, as to:
2.3.1 the adequacy or appropriateness of any other goods or services for your particular needs or purposes;
2.3.2 the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us;
2.3.3 any implied warranty or condition as to merchantability or fitness of any products or other goods or services for a purpose
other than that for which they are commonly used;
2.3.4 compatibility of the products with your equipment, or other applications of that product.
2.3.5 Enhanced Automotive will not be held responsible for any damage that is caused to your vehicle or any conponents of your vehicle by
our product being fitted by youself or a third party incorrectly.
2.4 Enhanced Automotive is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever
resulting from loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of
or in connection with your use of the Website or the products.
2.5 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited
(at our election), to the maximum extent permitted by law, to the value of the products you have purchased, or the resupply of
3. Content and Intellectual Property Rights
3.1 The content and design of the Website, and the typeface, imagery and logos used to depict the goods on our Website form part of
our intellectual property. Products also are the subject of our intellectual property. Enhanced Automotive will defend the
intellectual property rights in connection with our goods and the Website.
3.2 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.
3.3 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content,
in whole or in part.
3.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
4. System Security
4.1 Enhanced Automotive will do its best to maintain the Website so that you have constant use, but there will be times when your use
may be interrupted.
4.2 You agree that you will not, and will not allow any other person to:
4.2.1 use the product purchases from us for any purpose other than for your personal use;
4.2.2 use the Website or products for any illegal, unlawful, improper or infringing purpose.
4.2.3 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;
4.2.4 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy
of Enhanced Automotive’s data or the data of our customers;
4.2.5 attempt to copy, reverse engineer or otherwise utilise the Website.
4.3 You agree to use the Website in accordance with any and all applicable laws.
5. Reverse engineering and competing products
The products provided by us comprise valuable intellectual property. You agree that you shall not, nor shall you solicit or procure a third party to, replicate, reverse engineer, or otherwise reproduce a product.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website or products purchased from us, or by any other person using your computer, of any intellectual property or other right of any person.
7. Miscellaneous provisions
7.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be
treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it
from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be
interpreted as severable and shall not in any way affect any other of these terms.
7.2 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that
same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
7.3 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7.4 Enhanced Automotive is not liable for any breach of our obligations resulting from causes beyond our reasonable control including
strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
7.5 This Agreement and any transactions governed by it will be governed by and construed in accordance with the law of South Australia.
You submit to the exclusive jurisdiction of courts in South Australia.
7.6 This agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings
or agreements between the parties in connection with it.
7.7 You may not assign, delegate or novate this agreement to any other person or body corporate without our written authority.
7.8 Enhanced Automotive retains the right to assign, delegate or novate this agreement without notice.