Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a aservice to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and
Conditions of use Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may
be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
- Copyright. The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, registered trademarks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
- Fraud: By becoming a
member, you confirm that the information provided in this form is true
and that you agree to abide by the Terms and Conditions of use of this
site. Please note that your membership can be cancelled without notice
if it is determined that false or misleading information has been
provided, the Terms and Conditions of use have been violated, or other
abuses have occurred as determined by Queensland Valiant Spares & Restorations in its sole discretion. If membership has been revoked, Queensland Valiant Spares & Restorations reserves the right to refuse application or readmission to the membership program.
- Limited Right to Use. The
viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site,
including this Agreement, without further notice to users of the Site.
- Indemnification. You
agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your
right to use the Site is not transferable. Any password or right given
to you to obtain information or documents is not transferable and may
only be used by you.
- Disclaimer. THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All
responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you pay for any
goods, services or information.
- Use of Information. We
reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
- Third-Party Services. We
allow access to or advertise third-party merchant sites ("Merchants")
from which you may purchase or otherwise obtain certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are
not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the
other.
- Privacy Policy. Our Privacy Policy , as it may change from time to time, is a part of this Agreement.
- Payments. You represent
and warrant that if you are purchasing something from us or from our
Merchants that (i) any credit card information you supply is true,
correct and complete, (i) charges incurred by you will be honored by
your credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any shipping fees and applicable
taxes.
- Securities Laws. This
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings or
documents.
- Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
- Submissions. All
suggestions, ideas, notes, concepts and other information you may from
time to time send to us (collectively, "Submissions") shall be deemed
and shall remain our sole property and shall not be subject to any
obligation of confidence on our part. Without limiting the foregoing,
we shall be deemed to own all known and hereafter existing rights of
every kind and nature regarding the Submissions and shall be entitled
to unrestricted use of the Submissions for any purpose, without
compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online site, and the products listed, we Queensland Valiant Spares & Restorations
have a strict RETURN policy. Any item bought new is covered by its
manufacturers warranty. All RECONDITIONED items are covered according
to the policies dictated by the reconditioners warranty. All second
hand parts are sold on an 'as is' basis and no warranty is given or
implied.You are not entitled to a refund
- Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY
SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF GOLD COAST CITY, QUEENSLAND OR THE
DISTRICT COURT FOR THE DISTRICT OF QUEENSLAND. YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION
OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT
GOLD COAST CITY , QUEENSLAND OR THE DISTRICT OF QUEENSLAND IS AN
INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This
site is created and controlled by Queensland Valiant Spares & Restorations
in the State of QUEENSLAND Australia. As such, the laws of QUEENSLAND
will govern the terms and conditions contained in this Agreement and
elsewhere throughout the Site, without giving effect to any principles
of conflicts of laws.
- Verify Members' Address: Queensland Valiant Spares & Restorations reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Queensland Valiant Spares & Restorations.
