OVERVIEWThis website is operated by Turbo Master Australia Pty Ltd, ABN 11 623 759 857, PO Box 4694, Eight Mile Plains Queensland 4113. Throughout the site, the terms ‘TMA’, ‘we’, ‘us’ and ‘our’ refer to Turbo Master Australia. We offers this website, including all Products, information, tools and services available from this site (‘Service’), to the user (‘you’), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you agree to be bound by the following Terms of Service (‘Terms of Service’, ‘Terms’), including those additional terms, conditions and policies referenced herein and/or by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all parts of these Terms, then you may not access the website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new Products, features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMSBy agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence.
You may not use our site for any illegal or unauthorised purpose, nor may you, in the use of our site, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of our site.
SECTION 2 - GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card details) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our site, use of our site or access to our site or any contact on our site through which the Service is provided without express written permission by us.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe make every reasonable effort to ensure that information on our site, in particular Product descriptions and specifications, is correct. These details are based on information provided by manufacturers and suppliers. Brand names and part numbers are used for reference only.
Product images on our site are for illustrative purposes only and do not form part of the description of the Product. These images have, in part, been provided by manufacturers or suppliers. Product images do not show the actual Product that will be shipped to you. There may be minor differences on some Products. While we have made every effort to display colours and images of our Products as accurately as possible, we cannot guarantee that any colour displayed on the screen of your device will be accurate.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping costs, transit times and availability. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to change or update the content of this site at any time, including, but not limited to, correct any errors, inaccuracies or omissions, and to cancel orders if any information on our site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to change, update or clarify information on our site, including without limitation, pricing information, except as required by law. We do not warrant that any errors on our site will be corrected. No specified update or refresh date applied on our site should be taken to indicate that all information on our site has been modified or updated. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICEWe reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - AVAILABILITY OF PRODUCTSProducts are generally shown on our site as being in stock or sold out.
We monitor stock levels on an ongoing basis; however, we cannot guarantee availability of any Product. If your order contains a Product that is not available for immediate shipping, we will contact you. You can then choose to
- delete the Product from your order or cancel your order. If you cancel your order, we will refund any payment you have made for the cancelled Product, including shipping costs.
- place the Product on back order (if available). We will then dispatch the Product as soon as it becomes available. You must pay in full for the Product before we will place it on back order. If the Product becomes unavailable permanently or for an extended period, we may choose to cancel your back order. We will then refund your payment including shipping costs, within five business days, using the same method as your original payment.
We reserve the right, but are not obligated, to limit the sale of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All Products descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this site is void where prohibited.
We do not warrant that the quality of any Products, services, information or other material purchased or obtained by you will meet your expectations.
SECTION 6 - SUITABILITY AND FITMENT OF PRODUCTSThe menus on our site have been designed to help you find compatible Products for your application if you specify the make, model and engine type of a vehicle. In creating these menus, we have relied on specifications supplied by the manufacturer. We do not independently verify compatibility. To ensure accurate search results, we strongly recommend that you:
- Confirm the correct specification of your vehicle before placing an order
- Verify that the Product you have selected is suitable for your application
- Check the Product upon receipt to confirm it is the correct Product for your application
- Check compatibility and all relevant measurements BEFORE beginning any mechanical work involving the Product (including preparing or dismantling any part of the vehicle).
We do not warrant that any Product is safe for use with your vehicle or legal for use in your state or territory. You are responsible for ensuring that your use of the Product is appropriate and compatible with your vehicle or other equipment and complies with all applicable laws and regulations in your state or territory.
Our aim is to supply you with the right Product first time, at an affordable price. Our highly trained staff can give you expert advice. Please contact us before placing an order if you have any queries.
If you realise you have purchased the wrong Product for your vehicle, please contact us as soon as possible on 1300 160 808 or email us at email@example.com, and we will identify the correct Product for you.
If you need to return a Product for exchange or refund, please read our Shipping and Returns policy. Exchanges must be requested within 7 days of receipt of goods. Returns must be requested within 30 days of receipt of goods. We do not accept requests after those periods have lapsed. We do not accept return shipments without a Return Authorisation Number.
Other than as set out in our policies, we are not liable for any costs incurred because of Product incompatibility, including mechanic's fees, cost of additional parts, repairs or damage to any vehicle.
SECTION 7 - PRICINGPrices shown on our site are in Australian dollars and inclusive of GST (where payable). Shipping costs are calculated separately; an estimate can be obtained in the cart screen.
While we make every effort to provide accurate pricing, Products may be shown at an incorrect price, with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your order, even if your order has been paid for and accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled order. We reserve this right up until we deliver the Product. Refunds will be issued within five business days, using the same method as your original payment.
We may run discount offers or sales from time to time, but no additional discounts apply to any Products which are listed as 'On Sale'. Any special pricing offered by TMA is for the sale period only (no rainchecks) or until the Product is sold out, whichever occurs first.
Prices shown on our site are subject to change at any time without notice, at our sole discretion.
SECTION 8 - ORDERSBy placing an order, you are making an offer to purchase subject to these Terms.
Orders are only considered accepted and will only be dispatched once we have received payment in full. This results in a binding contract between you and TMA.
We will not process your order if you have provided invalid payment or delivery details or payment is delayed or rejected.
All shipments, unless otherwise requested, are not insured and are your responsibility upon leaving our premises.
Special Orders are any Products we do not carry as a stocked part, line or part of any line. If you cancel or change a Special Order at any time after we have received your order, we reserve the right to charge you the costs for any Products already acquired for the order, including the cost of any labour or shipping as at the date of your cancellation or change. Products ordered as Special Order are non-refundable.
SECTION 9 - PAYMENTYou agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You undertake and warrant that the payment method you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain validation of your payment details before providing you with the Product.
If your payment is dishonoured or reversed for any reason, it is your responsibility to make payment again as soon as you become aware of non-payment of your order. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
If your payment is dishonoured or reversed for any reason after the Product has been delivered, then, without prejudice to any other right or remedy, we may recover the price of the Product, together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction, irrespective of any claim that you may have against us for anything or matter related to the Product.
You must pay all and any expenses, duties, levies, taxes, fines or duties of any kind applicable to the Product, as levied by the applicable authority.
You are solely liable for any additional costs or penalties because of late payment, storage, abandonment, disposal or other fees, fines or expenses incurred because of your delay in picking up a shipment from a delivery centre after having been notified of its arrival.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 10 - SHIPPINGPlease refer to our Shipping and Returns policy.
SECTION 11 - RETENTION OF TITLETMA retains the title and ownership of goods until you have paid all moneys owing to us in full. We hold the title in the Product and bear the risk of any damage to or loss of the goods during transport to the delivery address. Title and risk in the Product pass to you on delivery. We are not liable for any loss, theft or damage to the Product after delivery.
If you default in payment, then without prejudice to TMA’s other rights, you expressly and irrevocably authorise us or our agents to enter and remain upon any premises occupied or used by you without notice to recover possession of goods.
SECTION 12 - WARRANTYPlease refer to our Warranty.
SECTION 13 - RETURNS, REFUNDS AND EXCHANGESPlease refer to our Shipping and Returns policy.
SECTION 14 - OPTIONAL TOOLSWe may provide you with access to third party tools. We neither monitor these tools nor have any control over or input into these tools.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of the relevant third party provider(s).
We may at any time offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 15 – THIRD PARTY LINKSCertain content, products and services available via our site may include materials from third parties.
Third party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third party websites. We do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf at our request you send certain specific submissions (for example competition entries) or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect in any way the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party’s intellectual property or these Terms of Service.
SECTION 18 - PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content
- for any unlawful purpose
- to solicit others to perform or participate in any unlawful acts
- to violate any international, federal, state or territory regulations, rules, laws, or local ordinances
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
- to submit false or misleading information
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 19 - INTELLECTUAL PROPERTY RIGHTSThe material on our site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. The respective owners of images, trademarks and other content on our site own the Intellectual Property rights in their works. You must not use the material on our site in any way that infringes a content owner's Intellectual Property rights without separate written permission from the content owner.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the use of our site will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service offered to you by TMA is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Turbo Master Australia, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from
- your use of our site
- use of any of our Products or services
- faulty design or manufacture of a Product
- your failure to follow instructions for use of a Product, modification of a Product or use of a Product for an unintended purpose
- for errors in the information you provide to us
- default or failure to perform our obligations under these Terms resulting directly or indirectly from the actions of suppliers, couriers or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause
Where Commonwealth, states, territories or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Turbo Master Australia and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of
- your breach of these Terms of Service or the documents they incorporate by reference, or
- your violation of any law or the rights of a third party, including your own negligence, malpractice or reckless or intentional misconduct, or
- any modification or misuse of any Product by you or anyone acting on your behalf, or
- any acts or omissions of anyone whom you allowed to access our site using your login and password, whether deliberately or otherwise.
SECTION 22 - SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATIONThese Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and/or accordingly may deny you access to our Service (or any part thereof). You will remain liable for all amounts due up to and including the date of termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 24 - ENTIRE AGREEMENTThese Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 25 - GOVERNING LAWThese Terms of Service are governed by the laws of the state of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of that jurisdiction.
SECTION 26 - CHANGES TO TERMS OF SERVICEWe reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
You can review the most current version of the Terms of Service at any time on this page.
SECTION 27 - CONTACT INFORMATIONPlease email questions about the Terms of Service to firstname.lastname@example.org.
Last updated: March 2019