Website Terms and Conditions for LankaAuto Pty Ltd
Introduction
In these terms and conditions, “we,” “us,” and “our” refer to LankaAuto Pty Ltd. Your access to and use of all information on this website, including the purchase of our products, is subject to the following terms and conditions.
We reserve the right to amend these terms at any time. Your continued use of the website following any amendments signifies your agreement to be bound by these updated terms and conditions. Therefore, we recommend that you review these terms each time you access our website.
Registered Users
To access the services provided on this website, you must become a registered user. Registration requires you to provide certain information as specified on our membership/registration page. Please refer to our Privacy Policy on our home page for details on the collection, storage, and use of your registration information.
You agree to ensure that your registration details are true and accurate at all times and to update them as necessary. During registration, you will need to provide a password and agree to pay for our services as listed on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
Our services are available to adults over the age of eighteen (18) years. By proceeding with a purchase through our website, you confirm that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We strive to keep our price list current, which is accessible from our home page. We reserve the right to amend our prices at any time. If you have placed an order, we will fulfill it at the price listed at the time of your order.
Product Descriptions
We aim to describe our products as accurately as possible on our website, but we do not warrant that the descriptions are entirely accurate. If we become aware of any inaccuracies, we reserve the right to correct any errors or omissions.
Images on our website are provided for illustrative purposes only. We do not guarantee that any image will reproduce true color or reflect the complete design and options of the product.
Product Orders
Our products are available for sale to adults over the age of eighteen (18) years. By making a purchase through our website, you confirm that you are over 18 years of age.
We strive to keep our product list current but do not guarantee the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list is available on our home page, and we reserve the right to amend our prices at any time.
Packaging and postage are additional charges calculated at the time of purchase.
When ordering, you must provide your name, delivery address, email address, telephone contact, and credit card details. We take due care with this information, but you accept that we are not liable for its misuse due to transmission errors, viruses, or malware.
We undertake to accept or reject your order within seven days. If we have not responded within this period, your offer is deemed rejected. We are not obligated to provide reasons for rejecting your offer, but the most likely reason would be that the product is out of stock.
Once you submit an order, it cannot be canceled, even if our acceptance or rejection is pending.
Delivery terms are specified on our website. Title to the goods passes to you upon receipt of payment. All risk of loss or damage to the goods passes to you when we dispatch the goods.
Order Cancellation Due to Error
If a product is listed at an incorrect price or with incorrect descriptive information or images due to typographical errors, we reserve the right to cancel the transaction. If your credit card has been charged, we will immediately refund the total amount debited.
Product Returns
We will replace any product delivered to you that is faulty or damaged. If you wish to return a faulty or damaged product, notify us through our “contact us” page. We will provide instructions for returning the goods.
We also offer exchanges for undamaged products, provided they are returned unused with proof of purchase within 14 days. However, we do not offer refunds for such returns. You are responsible for all return postage and packing charges.
If we cannot replace or exchange the returned goods at the time of return, we will reimburse your credit card for the amount initially debited, including packaging and postage charges.
Notify us through our website if you wish to return faulty, damaged, or undamaged products. You can return the product to any of our stores throughout Australia with valid proof of purchase (e.g., tax invoice, receipt, and/or packaging slip).
Site Access
You have a limited license to access and use the information on our website for personal use. You may download a copy of the information for personal use only, provided you do not delete or change any copyright, trademark, or proprietary notice. Any other use of our content infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you may not copy, reproduce, republish, distribute, or display any information on this website without our prior written permission.
The license to access and use our information does not include the right to use data mining, robots, or other extraction tools. You are also not permitted to metatag or mirror our website without our prior written permission. We reserve the right to issue notice if we become aware of such activities.
Hyperlinks
Our website may contain hyperlinks to other websites for convenience. We are not responsible for the content, maintenance, or privacy compliance of any linked website. A hyperlink on our website does not imply our endorsement, support, or sponsorship of the operator of that website or the information and products provided.
Linking to our website is not permitted. We reserve the right to issue notice if we become aware of such linking.
Intellectual Property Rights
All content on this website, including applets, graphics, images, layouts, and text, is owned by us or used under license. Trademarks, brands, and logos displayed on this website are either owned by us or used under license. Accessing our website does not grant you a license to use these marks commercially without our prior written permission.
Disclaimers
We have taken due care in providing the information on our website, but we do not warrant the accuracy, completeness, or fitness for a particular purpose of this information.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We take due care to ensure our website is free of viruses, worms, Trojan horses, and malware, but we are not responsible for any damage to your computer system arising from the use of our website or any linked website.
From time to time, we may host third-party content, such as advertisements and endorsements. Responsibility for this content rests with the owners of that material, and we are not responsible for any errors or omissions.
Statutory Guarantees and Warranties to Consumers
Under the Competition and Consumer Act 2010 (C&C Act), we are a supplier of goods or services to you as a consumer, and the C&C Act provides statutory guarantees. Attached to our standard terms and conditions are:
- Schedule 2 of the C&C Act
- Statutory guarantees provided by us to you as a consumer
If you are a consumer under the C&C Act, we provide a warranty that at the time of supply, if our goods or services are defective, we will:
- Repair or replace the goods or any part of them that is defective
- Provide again or rectify any defective services or parts of them
- Reimburse you if the goods or services are defective
As a consumer, you may be entitled to receive notices under Schedule 2, Section 103 of the C&C Act. If the goods or services we provide involve the repair of consumer goods, we will give you any required notice under this section. If our practice involves supplying refurbished goods or parts, we notify you that goods presented for repair may be replaced with refurbished goods or parts.
Limitation of Liability
If you are not a consumer under the C&C Act, this clause applies. If you are a consumer, this clause does not limit our liability or your rights.
To the extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss, including consequential loss, arising from services we have supplied. We do not accept liability for user-generated content or communications, nor do we participate in user transactions.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses, including legal fees, arising from your use of our website.
Force Majeure
If a Force Majeure event causing delay continues for more than thirty days, we may terminate this Agreement with seven days’ notice. “Force Majeure” refers to any act, circumstance, or omission beyond our reasonable control.
Jurisdiction
These terms and conditions are governed by the laws of Victoria (Vic). Any claim arising out of these terms and conditions will be heard in Vic, and you agree to submit to the jurisdiction of those courts.
If any provision in these terms and conditions is invalid under any law, it will be limited, narrowed, construed, or altered as necessary to render it valid, but only to the extent necessary. If required, the invalid provision will be deleted, and the remaining provisions will remain in full force and effect.
Privacy
We take due care with any information you provide when accessing our website. However, we do not warrant and cannot ensure the security of any information you transmit to us. You transmit information at your own risk, although we undertake to take reasonable steps to preserve such information securely.
Our compliance with privacy legislation is detailed in our Privacy Policy, accessible from our home page.