terms and conditions

TERMS OF SERVICE

 

The following “Terms of Service” form a legally binding agreement between You and Us. You acknowledge and agree that the terms and conditions of these Terms of Service apply to Your access to, and use of, this Site and the Service. In accessing or using this Site and the Service, You acknowledge that You have read and understood, and agree to be bound by, these Terms of Service. If You do not accept these Terms of Service, then You must refrain from accessing and using this Site and the Service.

 

SECTION 1 – GENERAL TERMS AND CONDITIONS

Privacy Policy

Our Privacy Policy is set out on this Site below and shall apply to You and Your Use of this Site.

 

 

Amendments to Terms of Service

We reserve the right to amend these Terms of Service at any time without notice to You. Any amendments shall be effective immediately upon publication on the Site. Your continued use of the Site following such publication will represent an agreement by You to be bound by these Terms of Service as amended.

 

Service

To the fullest extent permitted by law, We do not represent or warrant that the Site or the Service will be uninterrupted or error-free or defect-free or that errors or defects in the Site or the Service will be corrected. We do not represent or warrant to You that any electronic files available through the Site or the Service will be free of Harmful Code.

 

Security

You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or this Site. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such activity.

You must take Your own precautions to ensure that the processes taken by You to access this Site and the Service do not expose You to the risks of Harmful Code.

Change to Site or Service

We reserve the right to make any changes to the Site or the Service as considered by Us necessary or desirable, at any time, without notice.

 

Lawful Use

You must use the Site and the Service for lawful purposes only and ensure that Your access to, or use of, the Site and the Service is not illegal or prohibited by law. It is Your responsibility to obtain independent legal advice in relation to compliance with all Applicable Laws in using the Site and the Service. You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.

Products ordered by You via the Site:

1. may not be sold or redistributed;
2. may not be used for any illegal purpose; and
3. must only be used for their intended purpose.

 

Information on the Site

 

Whilst We make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information or materials on the Site, including without limitation the Materials. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information or materials on the Site are accurate, complete and suitable for Your intended use.

The Site may contain information or materials that include the views or recommendation of others that are not necessarily Our views.

The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.

Online orders

 

You hereby acknowledge and agree that any order placed by You for Products via the Site represents an offer by You to purchase such Products at the price, plus the relevant delivery charges, specified on the Site at the time of placing Your order and on the terms and conditions set out in these Terms of Service. Confirmation by Us of the receipt of Your order does not signify acceptance by Us of Your order.

We reserve the right to accept or reject any order placed by You in whole or in part for any reason, including without limitation where the Product you have ordered is unavailable, where there has been an error or omission in the price or description of the Product on the Site or where payment in respect of the order is unable to be processed.

You cannot cancel an order after acceptance by Us (including as a result of any delay in delivery) without Our written agreement, which can be withheld in the exercise of Our sole discretion.

By placing an order via the Site, You represent and warrant that You do not intend to resell the Products ordered. If You intend to resell the Products ordered, You are not permitted to place an order via the Site. We may reject any such order placed by You at any time, despite any initial acceptance of Your order, where We reasonably consider that You are purchasing Our Products for resale purposes.

You are responsible for providing accurate order details, including Your contact information and delivery address at the time of ordering.

Prices and payment for online orders

All prices shown on the Site are in Australian dollars and are inclusive of GST. Any foreign currency prices quoted by Us are approximations only.

All payments must be made in Australian dollars. You may pay for an order using any of the accepted payment methods displayed on the Site at the time of ordering.

We will charge You, and You agree to pay, the price of the Products ordered via the Site together with all delivery charges specified on the Site at the time of placing Your order. Prices for Our Products are subject to change from time to time. Subject to these Terms of Service, once We have accepted Your order, We will not change any prices or delivery charges that apply to the Products in that order.

If we are unable to successfully process payment of Your order, We may reject or cancel Your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.

We may offer promotional discounts from time to time. You must agree to the terms of the promotion in order to receive the discount.

 

International orders

We may, in respect of some or all of Our Products, restrict orders to purchasers within Australia that have an Australian postal address. You represent and warrant that any orders placed by You for Our Products via the Site are for use of such goods within Australia only and are not ordered with the intention that they are to be forwarded to persons outside Australia.

Where, in the exercise of our sole discretion, orders are shipped to a delivery address outside Australia, You are responsible for:

 

1. compliance with all laws of the destination country, including without limitation for ensuring that the Products can lawfully be imported into the destination country;
2. payment of any import taxes, customs duties or any other taxes, duties, fees and charges that may be levied by the destination country; and
3. compliance with any customs clearance procedures, which may cause delays beyond Our estimated delivery dates.

Delivery of online orders     

1. We cannot be held responsible for incorrect delivery details provided by You. We reserve the right to charge You an administration fee and additional delivery charges for redelivery of Your order where it is returned to Us for this reason.
2. We accept no responsibility for Products lost in transit or Products lost, stolen or damaged after delivery. Any decision to replace goods in such circumstances will be made by Us, on a case by case basis, in the exercise of Our sole discretion.
3. It is Your responsibility to advise Us if an order does not arrive. Once We are made aware of the non-delivery of an order, We will make enquiries of Our delivery provider to ascertain the cause of the delay.
4. In the event that multiple items are ordered, part deliveries may be made where all Products are not available. All reasonable attempts to notify You will be made using the details You provided at the time of ordering.
5. We will provide You with an estimated date for delivery of all orders. Whilst We will use Our reasonable endeavours to effect delivery by the estimated delivery date, all dates are estimates only. We do not provide any guarantee that delivery will be effected by the estimated delivery date, and We will not be held accountable or liable for any delays in delivery.

Returns of online orders

Except as provided under the Australian Consumer Law (refer to clause 1.15), You are not entitled to an exchange or refund for any Products ordered from the Site if:

1. You change Your mind;
2. You are responsible for a fault or defect in the Products; or
3. You discover that the Products can be purchased cheaper elsewhere. 

Our database

By ordering Products via the Site We may add You to Our database. From time to time We may contact You about the offers and new products. You can easily opt out of any further marketing communications by unsubscribing via a link which will be provided on all correspondence that We send to You or by putting a request in writing to Us.

Liability

To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:

1. Your access to, or use of, the Service, this Site, any Materials or any website linked to the Site;
2. any decision or action taken by You in reliance on any Materials;
3. any error or defect in the Site or any website linked to the Site; or
4. any order for Products.

The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent that, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision).

Implied terms

Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in this Agreement is hereby excluded.

Where the Australian Consumer Law or any other legislation implies in these terms and Conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, to the maximum extent permitted by law, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following:

1. If the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
2. If the breach relates to services: the supplying of the services again or the cost of having the services supplied again.

You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.

Force majeure

We accept no liability for any delay or failure to perform Our obligations under these Terms of Service if such a delay or failure is due to circumstances beyond Our reasonable control.

Indemnity

You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:

1. any decision or action taken by You in reliance on any Materials;
2. any breach of these Terms of Service by You;
3. any wilful misconduct by You;
4. any negligent act or omission by You.

Copyright

All copyright in the Materials (including, without limitation, text, graphics, logos, and icons) is owned by Us or third party licensors and/or their successors and assigns. Material produced from a third party may be the subject of copyright owned by that third party. Except as expressly permitted by these Terms of Service, You may not, in any form or by any means:

1. copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of the whole or any part of the Materials; or
2. commercialise the whole or any part of the Materials without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks

Trade marks used on the Site are Our trade marks (registered or unregistered) or trade marks of third parties. If You use any trade marks owned by Us, in reference to Us, the Site or the Service, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or third parties featured on the Site:

 

1. in, or as the whole or part of, Your own trade marks;
2. in connection with any business, products or services which are not Ours;
3. in a manner which may be confusing, misleading or deceptive to any person; or
4. in a manner that disparages Us, the third party owners of the trade marks or the Site. 

Linking to the Site

You may only insert a link to the Site if:

1. the link is presented in a way which fairly represents Our business and the Site and does not disparage Us;
2. the context in which You insert the link does not give visitors the impression that the relevant site, or business, is sponsored or endorsed by Us, or otherwise affiliated with Us;
3. the source of the material on the relevant site is clear, including without limitation by ensuring that the context of the link does not suggest that We have created any of the content on that site; and
4. the link opens in a new window, and not in the navigation of the relevant site.

Termination

We may suspect Your access to the Site, or terminate this Agreement and Your access to the Site (and any orders for Products placed by You with Us by virtue of Your use of this Site) for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these Terms of Service. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Site without the need to provide reasons.

Termination of the Agreement will not end those provisions which are capable of surviving the ending of this Agreement (including, without limitation, clauses 1.4, 1.6, 1.10, 1.11, 1.14, 1.15, 1.17, 1.18, 1.19, 1.22 and Section Two).

General provisions

Any waiver or relaxation, in whole or in part, of any rights available to Us under these Terms of Service is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).

If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms of Service, in which case, the remainder of these Terms of Service shall nevertheless continue in full force.

Nothing in this Agreement shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon Us in respect of Your use of the Site.

The laws governing this Agreement will be the laws in the State of Western Australia, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

SECTION TWO – DEFINITIONS

In these Terms of Service, unless the context otherwise requires:

Agreement means this Agreement between You and Us comprising these terms and conditions of service.

Applicable Laws

means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.

Harmful Code

means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Intellectual Property

means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information of any rights of a similar nature under the laws of Australia or anywhere else in the world.

Loss

means loss or damage of any kind (including liability to a third party).

Materials

means any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos or webcasts).

Product

means each of the goods advertised on the Site.

Service

means the supply of Products and related services provided to you by Us through the Site.

Site

means the website operated by Us at www.bkticomponents.com.

Site User

means any person who has access to, or uses, the Site.

We, Us, Our means Brendan Telfer ABN 62 253 898 211 trading as BK Racing Australia

You, Yourself, Your means any person, business, company or organisation who is a Site User. 

 

PRIVACY POLICY

We are committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.bkticomponents.com, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or

• Where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

 

Brendan Telfer ABN 62 253 898 211 trading as BK Racing Australia BK_racing@outlook.com