Terms and Conditions

1. 1. This Agreement is made between PartsGuru (“we,” or “our”) and you, (“the customer”, “you” or “your”).

1. 2. By browsing, accessing or using this website or by using any facilities or service made available through it or by transacting through or on it, you are agreeing to be bound by these Terms & Conditions (“Terms").

1. 3. The Terms and our website may periodically change without notice. Amendments will be effective immediately upon posting the amended terms and conditions on our website. You are responsible for ensuring you are familiar with the latest terms and conditions and any use of the site after such revisions have been posted signifies your consent to the changes.

1. 4. You represent and warrant that:

You are at least 18 years of age;

You possess the legal right and ability to enter into a legally binding agreement with PartsGuru; and

You will use this Website in accordance with these Terms.

1. 5. You are solely responsible for the activity that occurs on your account, and you must keep your user ID and password secure. If you suspect or become aware of any unauthorised use of your account or that your user ID and password are no longer secure, you agree to notify us immediately.

1. 6. PartsGuru reserves the right at its discretion to decline to provide you with the our services at any time, or to amend, alter or terminate the services in any way. PartsGuru will not be liable to you or a third party in any way.

1. 7. You agree to indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms or your use of the website in any way.

1. 8. PartsGuru takes steps to ensure that information displayed on its website is accurate and complete, but does not guarantee that information on its website is free from errors or omissions and does not accept liability for any errors or omissions. PartsGuru reserves the right to alter information published on its website at any time if we consider it incorrect or misleading.

1. 9. PartsGuru can cancel orders and refund customers money because of pricing errors (or for any reason).

1. 10. All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

1. 11. The products, service and all information and materials on this website are provided "as is" and PartsGuru does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. PartsGuru makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on this website.

1. 12. To the maximum extent permitted by law (and subject to any rights you have under the Australian Consumer Law), PartsGuru is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of this website or The PartsGuru service or from the use of, or inability to use, any product or service bought on this website. If, notwithstanding these terms and conditions, PartsGuru is held liable, then PartsGuru’s total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount purchased.

1. 13. You release and discharge and will at all times indemnify, and keep indemnified, PartsGuru and its directors, officers, employees, agents and affiliates (“Released Parties”), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by PartsGuru as a result of any claim, demand, suit, action or proceeding by any third party against you or PartsGuru that arises out of or in connection with:

Your use of this website; or

Any violation of these Terms; or

Any activity related to your Account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct).

1. 14. You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of PartsGuru and its affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.

1. 15. 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.

1. 16. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website including but not limited to disabling or otherwise interfering with security-related features of this website.

1. 17. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

1. 18. Where this website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

1. 19. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference.

1. 20. PartsGuru reserves the right to request identification (Australian issued drivers license or passport) before the shipment of any goods.

Authority to Leave

1. 1. By selecting 'Yes' at the checkout page (or if you selected this option over the telephone with our Customer Service Centre, or in chat or email, PartsGuru will leave your parcel at your unattended premises in accordance with your instructions.
   You agree that the parcel is deemed received when left at your premises.
   PartsGuru and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release PartsGuru from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.
   If you do not give PartsGuru Authority to Leave, you will have to be at your premises in order for the delivery to occur.

Intellectual Property Rights

1. 1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in:

This website and service;

Information content on this website or accessed as part of the service;

Any database operated by us; and

All the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts),

are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All of our rights are reserved.

1. 2. None of the material listed in Clause 1 of this intellectual property rights agreement may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website or accessed as part of the service without our permission.

1. 3. All rights (including goodwill and, where relevant, trade marks) in the PartsGuru name are owned by us or licensed to us. Other product and company names mentioned on this website are the trademarks or registered trademarks of third parties.

1. 4. Title, ownership rights and intellectual property rights in and to the content accessed using the website or the service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 3 of this Intellectual Property Rights Agreement gives you no rights to such content.

1. 5. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.

1. 6. Any material you transmit, post or submit to us either through this website or otherwise ("Material") shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).

1. 7. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist:

disclosed or offered to us by you; or

1. 2. in response to solicitations by us regarding the service or this website,

(in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

General Terms

1. 1. any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms, and the remainder of these Terms will continue in full force and effect.

1. 2. These Terms and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User. PartsGuru may assign its rights and duties under these Terms to any party at any time without notice to Users.

1. 3. Any failure by PartsGuru to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms.