Terms and Conditions 2017-06-14T00:18:54+00:00

Website Terms and Conditions of Use

1.

About the Website
1.1. Welcome to www.customairseals.com (the ‘Website’). The Website provides you
with an opportunity to browse and purchase various products that have been
listed for sale through the Website (the ‘Products’). The Website provides this
service by way of granting you access to the content on the Website (the
‘Purchase Services’).
1.2. The Website is operated by Customairseals PTY. LTD. (ABN 45732675532).
Access to and use of the Website, or any of its associated Products or Purchase
Services, is provided by Customairseals. Please read these terms and conditions
(the ‘Terms’) carefully. By using, browsing and/or reading the Website, this
signifies that you have read, understood and agree to be bound by the Terms. If
you do not agree with the Terms, you must cease usage of the Website, or any of
the Purchase Services, immediately.
1.3. Customairseals reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Customairseals updates the
Terms, it will use reasonable endeavours to provide you with notice of updates to
the Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.

2.

Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms
by clicking to accept or agree to the Terms where this option is made available to you
by Customairseals in the user interface.

3.

Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of
the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
(a)

an email address

(b)

a mailing address

(c)

a telephone number.

3.2. You warrant that any information you give to Customairseals in the course of
completing the registration process will always be accurate, correct and up to
date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:

1

4.

(a)

you are not of legal age to form a binding contract with Customairseals; or

(b)

you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.

Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:

5.

(a)

the Terms;

(b)

any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;

(c)

you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;

(d)

any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify
Customairseals of any unauthorised use of your password or email address
or any breach of security of which you have become aware;

(e)

access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Customairseals
providing the Purchase Services;

(f)

you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;

(g)

you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Customairseals for any illegal or unauthorised use of the
Website; and

(h)

you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.

Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through one of the following third
party providers:
(a)

Paypal

(the ‘Payment Gateway Providers’)

2

In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Customairseals,
you will be issued with a receipt to confirm that the payment has been received
and Customairseals may record your purchase details for future use.
5.4. Customairseals may, at their sole discretion, provide a refund on the return of the
Products within 30 days where the Product packaging is unopened and remains
in a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund pursuant to this clause.

6.

Warranty
6.1. Customairseals’s Products come with guarantees that cannot be excluded under
the Australian Consumer Law. You are entitled to a replacement or refund for a
major failure of the Product. You are also entitled to have the Products repaired
or replaced if the Products fail to be of acceptable quality and the failure does not
amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material
defects and workmanship in the Products within 1 from the date of purchase (the
‘Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Customairseals showing the date of purchase of the
Products, provide a description of the Products and the price paid for the
Products by sending written notice to Customairseals at PO BOX 2118, DEER
PARK NORTH, VIC 3023, Australia or by email at support@customairseals.com.
6.4. Where the Warranty Claim is accepted then Customairseals will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely liable
for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by
Customairseals and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.

7.

Delivery

3

7.1. You acknowledge that the Purchase Services offered by Customairseals
integrate delivery (the ‘Delivery Services’) through the use of third party delivery
companies (the ‘Delivery Service Providers’).
7.2. In providing the Purchase Services, Customairseals may provide you with a
variety of delivery and insurance options offered as part of the Delivery Services
by the Delivery Service Providers. You acknowledge and agree that
Customairseals is not the provider of these delivery and insurance options and
merely facilitates your interaction with the Delivery Service Providers in respect to
providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, Customairseals asks that you:

8.

(a)

contact the Delivery Service Provider directly to request a refund or to claim
on any insurance options available; and

(b)

contact us by sending an email to outlining in what way the Products were
damaged in transit so we are able to determine if the Delivery Service
Provider should be removed from the Purchase Services.

Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of
Customairseals are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and
compilation of the website (including text, graphics, logos, button icons, video
images, audio clips and software) (the ‘Content’) are owned or controlled for
these purposes, and are reserved by Customairseals or its contributors.
8.2. Customairseals retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to
you:
(a)

the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Customairseals; or

(b)

the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or

(c)

a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).

8.3. You may not, without the prior written permission of Customairseals and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in
any way the Content or third party contact for any purpose. This prohibition does
not extend to materials on the Website which are freely available for re-use or are
in the public domain.

9.

Privacy

4

Customairseals takes your privacy seriously and any information provided through your
use of the Application and/or the Purchase Services are subject to Customairseals’s
Privacy Policy, which is available on the Application.

10.

General Disclaimer
10.1. You acknowledge that Customairseals does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
10.2. Customairseals will make every effort to ensure a Product is accurately depicted
on the Website, however, you acknowledge that sizes, colours and packaging
may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a)

all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and

(b)

Customairseals we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including as
a result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.

10.5. Use of the Website, the Purchase Services, and any of the products of
Customairseals (including the Delivery Services), is at your own risk. Everything
on Website, the Purchase Services, and the Products of Customairseals, are
provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees,
agents, contributors, third party content providers or licensors of Customairseals
(including any third party where the Delivery Services are made available to you)
make any express or implied representation or warranty about its Content or any
products or Purchase Services (including the products or Purchase Services of
Customairseals) referred to on the Website. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
(a)

failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;

(b)

the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);

5

11.

(c)

costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;

(d)

the Content or operation in respect to links which are provided for the
User’s convenience;

(e)

any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or

(f)

any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.

Limitation of Liability
11.1. Customairseals’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase, then the total liability of Customairseals is the resupply of
information or Purchase Services to you.
11.2. You expressly understand and agree that Customairseals, its affiliates,
employees, agents, contributors, third party content providers and licensors shall
not be liable to you for any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and under
any theory of liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
11.3. Customairseals is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of
the website of Customairseals, by third parties or by any of the Purchase
Services offered by Customairseals.
11.4. You acknowledge that Customairseals does not provide the Delivery Services to
you and you agree that Customairseals will not be liable to you for any special,
indirect or consequential loss or damage, loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the Delivery Services.

12.

Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by
Customairseals as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a)

notifying Customairseals at any time; and

(b)

closing your accounts for all of the Purchase Services which you use,
where Customairseals has made this option available to you.

Your notice should be sent, in writing, to Customairseals via the ‘Contact Us’ link
on our homepage.
12.3. Customairseals may at any time, terminate the Terms with you if:

6

(a)

you have breached any provision of the Terms or intend to breach any
provision;

(b)

Customairseals is required to do so by law;

(c)

the partner with whom Customairseals offered the Purchase Services to
you has terminated its relationship with Customairseals or ceased to offer
the Purchase Services to you;

(d)

Customairseals is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or

(e)

the provision of the Purchase Services to you by Customairseals is, in the
opinion of Customairseals, no longer commercially viable.

12.4. Subject to local applicable laws, Customairseals reserves the right to discontinue
or cancel your membership to the Website at any time and may suspend or deny,
in its sole discretion, your access to all or any portion of the Website or the
Purchase Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Customairseals’s name or reputation or
violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Customairseals have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the provisions
of this clause shall continue to apply to such rights, obligations and liabilities
indefinitely.

13.

Indemnity
13.1. You agree to indemnify Customairseals, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:

14.

(a)

all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with any Content you post through the
Website;

(b)

any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or

(c)

any breach of the Terms.

Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sort).
14.2. Notice:

7

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a)

Within 30 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;

(b)

If for any reason whatsoever, 30 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Fair Trading Australia or his or her
nominee;

(c)

The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;

(d)

The mediation will be held in Victoria, Australia.

14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
14.5. Termination of Mediation:
If 14 have elapsed after the start of a mediation of the Dispute and the Dispute has not
been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.

15.

Venue and Jurisdiction
The Purchase Services offered by Customairseals is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of Victoria, Australia.

16.

Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the
Terms and the rights created hereby shall be governed, interpreted and construed by,
under and pursuant to the laws of Victoria, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is

8

not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.

17.

Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.

18.

Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

9

 

Do NOT follow this link or you will be banned from the site!