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Purchasing and signup Agreement

 

Please read these terms and conditions (the "Online Purchasing Policy”) carefully as they affect your rights and liabilities under the law and set out the terms on which Fully Automotive makes the products available to you through this Website.

1 ELECTRONIC CONTRACT FORMATION

1.1 The technical steps which take place when an order is considered are listed below...

(a) After you have finished selecting your images using the 'add to cart' Button you can review your purchase using our checkout system

(b) after reviewing your intended order and making any final adjustments , pressing the proceed to checkout button initiates a final check of your order

(c) after pressing the confirm order button , both yourself and fully automotive will receive notification of your intent to purchase images , this does NOT form a contract of purchase , but merely informs us an intent to purchase images has been made by you

We will then await payment to be confirmed

(e) Once payment is confirmed and we have received your funds , this forms a commitment on our behalf to supply you your intended order , We will send you an order acknowledgement email detailing the images you have ordered or links to download your photos

once you have your images you have committed to buying and a contract is formed between you and Fully Automotive



2 PRICES

2.1 The prices payable for the images that you order are clearly set out in the Website. If, by mistake, the price which appears on the Website is not the correct price for a particular product, we will supply that product to you at the stated price, and amend the pricing for future purchases.

2.2 All prices stated on the Website are in Australian Dollars

2.3 All prices conform to a general standard of service , they are regulated by comparison to competitors and we believe are fair , if you feel the price is too high for the services we are providing , contact us and we will be happy to discuss it with you

3 AVAILABILITY

3.1 The purchase of images displayed on the Website are subject to availability and we will happily refund the full purchase price in the event of the requested order cannot be met.

4 PAYMENT

4.1 The total cost of your order is the price of the products ordered indicated at the time that you place your order.

4.2 Payment can be made by any of the following methods accepted by our payment provider PAYPAL , this usually includes Credit cards and direct deposits

4.3 Credit/debit card payment will be processed at the time that you place your order by PAYPAL and not by Fully Automotive

4.4 All card payments are processed by PAYPAL for a commission fee which is included in the cost of your purchase.

4.5 NO credit card details are stored on Fully Automotives Website , Paypal is our processing provider , please review there privacy statements on there policies and procedures or if you have a complaint regarding payment procedures

5 DELIVERY

5.1 All Images are DIGITAL DOWNLOADS and Delivery will be via a URL link or CD at the time of ordering

5.2 Delivery will be by Australia post if a CD copy is ordered . Delivery of ordered products will usually be effected within 3 working days of the date of the order confirmation email. We shall not be liable to you for any loss resulting from delay in delivery to you.

5.3 The delivery charge applicable to your order will be indicated at the time that you are asked to confirm your order.



6 CANCELLATION And Refunds

6.1 You have the right to cancel your order up to 7 working days after the date of order of the products by contacting us via email only before images or prints have been sent.


6.2 If images have already been dispatched to you before you notify us that you wish to cancel the order, in all fairness we cannot garreentee a refund as loss of product and income will now occur .


8 LEGAL NOTICE

8.1 This Online Purchasing Policy incorporates the terms set out in the Legal Notices and acceptance by you of the Online Purchasing Policy shall be deemed to be an acceptance by you of the Legal Notices.

For info concerning privacy , use of your information and other policies please see our disclaimer via the link located at the very bottom of this website



Disclaimer And Terms Of Service

1.Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS” basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove  or block access to any Content you provide at any time and for any reason, with or without notice.

Content on this website may not be used to entrap , stalk or be used as a form of evidence for any legal proceedings … this includes video , photo and text related documents and opinions in our forums , if any illegal activities are evident , please inform the webmaster with your reasoning why removal the offending material should be carried out

8. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

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Fully Automotive Takes No Responsibility For Any Effects This Website may have on its visitors , this includes any content that is published by The members of this site and administration team , any photos uploaded by the webmaster or members of the site , any comments posted by members or administrators or any forum topics and replies posted by users and administration , Thus removing the owner of this site from any legal issues or liabilities


 
 
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