User Agreement Terms
- The ("Customer") has the option to buy ("Parts") for sale from the ("Supplier") via the Supplier's ("Listing"). These Listings are listed on the ("Advertiser")'s ("Website").
The Customer accepts these PLM User Agreement Terms ("UAT") terms and conditions and agrees to:
- pay for Parts in line with a Supplier's Listing; and
- follow all other Terms presented as part of the us of this ("Service").
Definition of terms:
Advertiser: "Parts Locator Pty Ltd (ABN 33 831 801 679)" T/as "Parts Locator", "we" , "us" , "our" which is the party providing the "Website" and "Services" to "Sellers."
Advertiser Fee: monthly fees or Sales Commission is the fee charged by the Advertiser for the Services.
Cookie Period: the period of time in days a credited commission will be included from when a Customer visited.
Customer: "user" , "you" , "your" refers to any person who has access to the Service either as a guest or through an account.
Customer Purchase: when the Customer makes a full purchase of Parts.
Listing: an advertisement and information on the Parts the Supplier offer to Customers of this Website.
Parts: products and goods offered to Customers by Supplier on this Website.
Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) circuit layouts; (f) confidential information; and (g) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
Seller: people who are allegeable and provide Listing information on this "Website" to sell Parts.
Services: all advertising and promotional "Services" and "Online Services" we provide you the Customer.
Website: "website" , "Parts Locator Website" , "site" , "apps" and all websites used in relation to the "Services."
The Service to Customers
This Service is an intermediary only, not a Parts company. The Service extends to viewing and searching Listings and purchasing Parts from Suppliers. Please read these Terms to determine if the Services are correct for you. By using this Website, you agree to the terms and conditions of this SAT.
Process of Transaction
The Customer can search and purchase parts from a Supplier Listing. Fees will be paid in Australian Dollars (AUD) direct to the Supplier. Customers and Sellers will coordinate directly for payment and terms of delivery.
Eligibility and Registration
To be eligible for use of the Website and Services we may:
- verify commission structures and cookie tracking periods; and or
- have an account with you.
You must be eighteen (18) years of age to use this Service.
This website is intended for use by individuals and companies based in Australia. However Customers and User can be worldwide.
Customer Personal Data
This information may be collected throughout the registration and login processes.
Additional information may also be collected once you are logged on to the Website and not just during registration and log in processes. The personal data we collect include, but not limited to:
- Full Name;
- Email address;
- Home or Business Post Code;
- Mobile phone; and
- Current Location (Country and State/Region).
We retain the ownership of all Intellectual Property rights in and to the Services or Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these SAT terms and conditions transfer the Intellectual Property Rights to the Services or Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for Listing purposes in line with the Copyright Act 1968 (Cth). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Services.
If a Customer breaches any of the SAT terms and Conditions we reserve the right to terminate the SAT agreement.
If under common law we are required to refund our Customers, Sellers will be directly responsible to refund Customers. We will only refund Customers to the extent written in these Terms and at our discretion minus any associated costs, including but not limited to, marketing tools purchased, advertising fees and administration fees.
Any warranty or claim in a Listing is between the Seller and Customer. We can not interfere or adjudicate any warranty or condition representations made in a Listing.
Disputes with Sellers
All Seller disputes are to be handled between the Seller and Customer. We can not interfere or adjudicate any disputes arising for using this Service.
Transit insurance is to be handled between the Seller and Customer. We do not provide transit insurance.
Typically none of the Listings are bringing Parts into Australia therefore customs is not handled by this Service.
User breach of the Terms
If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Freightable Services in all or part of Freightable to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.
Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.
You must not use the Website or Services for any purpose not permitted or contemplated by this SAT (or otherwise not authorised by us), or which is unlawful.
To the extent permitted by law:
- you are responsible for your access to and use of the Website, including for other people's use of the Service using your user name, password and/or answers to security questions (with or without your permission) not limited to the Listing;
- we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Website; and
- any guarantee, warranty, term or condition is implied or imposed into these SAT terms and conditions by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services, or the payment of the cost of re-supplying the Services.
Complaints and Disputes
If you have any concerns or complaints regarding the Services not between you and a Seller, please report it to firstname.lastname@example.org. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State or Territory. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
Release and Indemnity
In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services:
I release partslocator.com.au from all claims which I have, now or later against partslocator.com.au whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract;
- breach of statutory duty; or
suffered as a result of or in connection with my using the Website and Services.
I indemnify and will at all times in the future indemnify partslocator.com.au against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.
We will provide the Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website or Services will be provided without fault or disruption.
To the fullest extent permitted at law and except as expressed to the contrary these SAT terms and conditions, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website or Services including, but not limited to, loss or damage you might suffer as a result of:
- incorrect Listing information from other Sellers;
- errors, mistakes or inaccuracies on our Services and Website;
- any unauthorised access to or use of our secure servers located in Australia.
- any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
- you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
- any limitations stated in these SAT terms and conditions;
- any interruption or cessation of transmission to or from our Services and Website; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in these SAT terms and conditions, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services 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.
Where any law implies a warranty into these SAT terms and conditions which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is partslocator.com.au with no characters before or after.
It is important that you determine prior to purchase, whether a Service is suitable for you.
Entire agreement: These SAT terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.
Applicable law: The provision of the Services and these SAT terms and conditions, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these SAT terms and conditions, are governed by the laws of New South Wales, and we and you each submit to the exclusive jurisdiction of those courts.
Severability: If any of these SAT terms and conditions are invalid, unenforceable or illegal, the remaining SAT terms and conditions will continue to apply.
Assignment: You must not assign or novate these SAT terms and conditions or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these SAT terms and conditions, and to the extent necessary you hereby consent to such novation, assignment or transfer.
Waiver: No waiver of a right or remedy under these SAT terms and conditions is effective unless it is in writing and signed by the party granting it.