User agreement – hsv.com.au
User agreement – hsv.com.au
1. User agreement
1.1. By visiting and/or using the hsv.com.au website, associated services and functionality (“the website
”) you agree to be bound by this user agreement (“agreement
1.2. This agreement is formed between you and Premoso Pty Ltd of 125 Rayhur Street, Clayton, Victoria, Australia trading as “Holden Special Vehicles” / “HSV” (“us
” and “visitor
” means anyone who visits this website.
1.3. If you do not agree to any provisions of this agreement, you must not use the website.
1.4. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2.1. In order to make purchases and access some features of the website, you will need to be a registered member and / or otherwise provide information to us.
2.2. You may not use another member’s account without permission.
2.3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
3.1. By making an on-line purchase you accept these terms and conditions and acknowledge that you:
3.1.1. are over eighteen (18) years of age, and/or
3.1.2. are entering into a legal contract with us.
4. Supply of services to You / Termination
4.1. We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2. We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.
4.3. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.1. We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the website;
5.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website;
5.1.4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.5. any interruption or cessation of transmission to or from our website;
5.1.6. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
5.1.7. the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
5.2. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.hsv.com.au with no characters before or after "www.hsv.com.au".
5.3. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
5.3.1. in the case of goods:
188.8.131.52. the replacement of the goods or the supply of equivalent goods;
184.108.40.206. the repair of the goods;
220.127.116.11. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
18.104.22.168. the payment of the cost of having the goods repaired; and
5.3.2. in the case of services:
22.214.171.124. the resupply of our services, or
126.96.36.199. the payment of the cost of resupply of our services.
6. Use of services by you
6.1. You agree to use the website only for purposes that are permitted by:
6.1.1. this agreement;
6.1.2. any applicable law or regulation; and/or
6.1.3. generally accepted practice or guidelines.
6.2. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
6.3. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
6.4. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.5. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.6. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this Website
7.1. Information contained on this website is subject to change without notice, and is intended as general information only.
7.2. Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers.
7.3. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
7.4. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8.1. Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
8.2. Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
8.3. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
8.4. You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee may apply. Please contact us through the help centre.
9.1. The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
9.2. Prices are current at time of display but are subject to change.
10.1. All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
10.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
11. Supply of product
11.1. Subject to this agreement, we will supply to you the products shown on your order confirmation.
11.2. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
11.3. Please read the Delivery section of the website for delivery options and details.
11.4. We do not allow personal pick up.
12. Risk and Title
12.1. We retain ownership of goods until payment is received in full.
12.2. Risk in goods, such as loss or damage, passes to you upon delivery.
13. Change of mind returns / Store credit
13.1. Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
13.2. However, if you wish to exchange your purchase it must be returned in its original packaging and in saleable condition. If no product is available to exchange a full credit will be paid.
14. Statutory Conditions and Warranty / Refunds
14.1. The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. In respect of any products purchase via the website, under the statutory warranty:
14.1.1. We will refund, repair or replace if the product you receive doesn’t match the sample or description, doesn’t do what it is supposed to do or is not of merchantable quality e.g. defective or dead-on-arrival (DOA).
14.1.2. Where a refund, repair or replacement is approved under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
14.1.3. Warranty applies to the original product. Replacement product has the same warranty as the original. You must retain your proof of purchase for any manufacturer warranty claims.
14.1.4. We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties ie. the good is not DOA, not defective or faulty, or if it does match the sample or description.
14.1.5. Refunds will be issued by direct deposit, cheque or otherwise at our discretion.
14.2. In order to obtain these remedies:
14.2.1. You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty in clause 14; generally within 14 days after you have received the product. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
14.2.2. In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault.
14.2.3. A “reasonable time” is the amount of time that is reasonable to expect, given the cost and quality of the item.
14.2.4. Incorrect or defective goods must be returned to us in the condition received with all original packaging.
14.2.5. Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified.
14.2.6. We aim to process refunds and replacements within 28 days of receipt by us of the original product.
14.2.7. We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
14.3. Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
14.4. Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.
15. Links to third party websites
15.1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
16. Intellectual property
16.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
16.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
16.3. You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
16.4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website or products, and developing your ideas and suggestions for improved products or services we provide.
17. Transfer and Assignment
17.1. In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
18.1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
19. Force majeure
19.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
20. Applicable law
20.1. This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.
20.2. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
21.1. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
22. Privacy and personal information
22.1. The only information we collect and store during normal website usage is the time and date you visited, the website that referred you to us, the pages you look at, and the name of your internet provider. During normal website usage we do not collect or store personally identifiable information such as your name, phone number or e-mail address. We use this information to generate statistics and measure site activity in order to improve the usefulness of customer visits.
22.2. The type of personal information we collect from you will depend on how you use our website. Such information may include your name, mailing address, e-mail address, phone number, age, gender, credit card details, and possibly additional information. We use this information to offer you some of our services and to keep you informed of everything that you may want to know about our products.
22.3. In general, the purposes for which we collect your personal information include:
• Keeping you up to date with the latest developments relating to HSV vehicles and other products
• Using your personal information for market research to enhance the quality of HSV products
• Making you aware of special offers and ensuring that you are kept up to date with the latest in HSV news
• To identify and access data in our system so we can provide you with the service you asked for
• To keep a record of your transactions as proof of purchase
• To send you information that you request.
22.4. In using your personal information, HSV may be required to make disclosure to its suppliers such as mailing houses or market research firms. Any such disclosures will be on the basis that the recipient will have safe guards to ensure the security of your personal information.
22.5. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process, when you place an order with us and/or when you otherwise submit details to us. Personal information may include your name, postal address, telephone number and email address.
22.6. Online payments may be handled by external third party service provider(s). Details of the external third party service provider will be disclosed on the website. We do not see or store your credit card or banking details. Please check the websites of external third party online payment service providers for details of their privacy policies and security measures.
22.7. Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
22.8. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
22.9. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
22.9.1. you have consented;
22.9.2. you would expect us to or we have told you we will;
22.9.3. it is required or authorised by law;
22.9.4. it will prevent or lessen a serious and imminent threat to somebody's life or health; or
22.9.5. the disclosure is reasonably necessary for law enforcement.
23. The website, like many others, uses “cookies”. A cookie is a piece of information that the website sends to your browser and which is stored on your hard disk. A cookie helps to identify your browser to the website when you return to visit the site and identifies you as a frequent visitor, thereby allowing the site to be tailored to you on your return visit. The goal is to make your visits to our site easier, faster and more productive for you. At all times, we will take great care to ensure that your personal information is protected and treated confidentially and in accordance with this agreement.
23.1. You may request us to remove your personal information from our database by emailing us or using the contact form on the website. If you tell us that the information should not be used as a basis for further contact, we will respect your request.
23.2. Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre firstname.lastname@example.org or by writing to us at:
Holden Special Vehicles
PO Box 1160
Clayton South Vic 3169
© This User Agreement was prepared by Browne & Co, Solicitors and Consultants Pty Ltd ABN 15 120 135 328 and may not be used or copied without permission. August 2010
© Copyright 2013. Holden Special Vehicles. All rights reserved.