Terms of service

CMP AUTO ENGINEERING PTY LTD
ACN 627 861 170
WWW.CMPAUTOENGINEERING.COM

This website www.CMPautoengineering.com (“the Site”) is owned and operated by CMP AUTO ENGINEERING PTY LTD ACN 627 861 170 (“we”, “us”, “our”, “CMP”). By accessing this Site you agree to the Terms and Conditions under which you may use this Site and enter into transactions with us (“the Terms”). Your access is subject to acceptance of and compliance with the Terms. If you do not agree with the Terms, do not use this Site and our services.

We accept no responsibility for the information supplied to us by third parties and we suggest that you confirm all information contained or linked from the Site with the relevant third party provider.

1. Privacy Policy

1.1 Your personal information will be handled in accordance with our Privacy Policy (“our Policy”).

1.2 We reserve our right to amend our Policy at any time.

1.3 Our Policy is not intended to, nor does it create any contractual or other legal right or obligation in or on any party.

1.4 We shall not be responsible for the privacy practices of third parties with links to this Site.

2. Security

We use a secure server; however, CMP makes no warranty with respect to the strength or effectiveness of the encryption of information you send through this Site and is not responsible for events arising from unauthorised access to the information you provide.

3. Intellectual Property

3.1 No trade mark or logo on this Site, including our CMP logo (whether registered or unregistered), may be used without our prior written permission and that of the relevant owner of the trade mark.

3.2 The material contained on this Site including (but not limited to) the software, design, text and graphics, advertisements (“material”) are owned and licensed by us and are protected by International and Australian laws, and all rights are reserved.

3.3 You may only use this Site for your personal and non-commercial purposes. All material is provided for your use and assistance and you are not permitted to download any material except when reasonably necessary to access the Site or a product which you purchase from us.

3.4 You must not use, copy, modify, transmit, store, publish or distribute any material on this Site or create any material derived from this Site without obtaining prior written permission from us.

3.5 The Site may be subject to other intellectual property rights owned by us or by a third party. No licence is granted in relation to these rights and your use of this Site must not violate these rights.

3.6 You agree that if you provide to us any creative ideas, suggestions, proposals, plans or other material, whether online, by email, post, or otherwise, we may at any time without restriction edit, copy, publish, distribute, translate and otherwise use such material in any manner without accountability to you.

4. Website Use

4.1 You must only use this Site for lawful purposes and in a cooperative and responsible manner.

4.2 Any breach of these Terms by you may result in legal action against you.

4.3 You must not:

a. Use another person’s information without consent.
b. Make any fraudulent, speculative or false enquiries or requests using this Site.
c. Tamper with or make unauthorised modifications to this Site.
d. Post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, indecent or other material which could give rise to civil or criminal proceedings.
e. Delete data without consent.
f. Knowingly transmit any virus or other disabling feature via this Site.
g. Infringe any laws in any jurisdiction in using this Site.
h. Attempt to do any of the above acts.

5. Product Use & Disclaimer

5.1 To the extent allowed by law, this Site is provided on an “as is” basis and we do not make any warranties or representations about the content and suitability of the information contained on this Site for any purpose or the accuracy of the information or services supplied through this Site.

5.2 You use this Site at your own risk.

5.3 To the extent allowed by law, we disclaim all warranties and representations regarding any information on this Site including, without limitation, implied warranties that the products and services offered and supplied through this Site will be of merchantable quality, fit for use, or will comply with descriptions or samples.

5.4 To the extent allowed by law, we shall not be liable for any damages whatsoever (including negligence) which may be directly or indirectly suffered in connection with your use or inability to access this Site or the purchase and use of any products or services supplied by this Site. This applies to all damages including direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and third party claims whether arising under contract, tort or statute.

5.5 Off-Road Use Only
All products sold by CMP are intended strictly for off-road use only. Our products are not designed, manufactured, supplied or warranted for use on public roads or on registered vehicles. By purchasing from us, you acknowledge and agree that:

The products are not approved for general road use.
The products may not comply with Australian Design Rules (ADR) or other applicable road vehicle regulations.
It is your sole responsibility to ensure compliance with all applicable laws and regulations in your jurisdiction prior to purchase and installation or use.

5.6 We sell our products without any warranty that their use will be lawful in your jurisdiction. You acknowledge that it is your responsibility to ensure that products are compliant with local laws, are installed by a competent tradesperson, and are otherwise safe and suitable for your intended use.

5.7 We do not warrant that access to this Site shall be uninterrupted, error-free, timely or free of viruses or defects.

6. Indemnity

By accessing the Site, you agree to indemnify and hold harmless CMP from and against all losses, damages, costs, claims and expenses (including legal costs on a full indemnity basis) arising from:

a. any act or omission by you which is inconsistent with these Terms; or

b. any claim, suit, action, demand or proceeding brought by a third party against CMP which is caused or contributed to (directly or indirectly) by you.

7. Cookies

Cookies are small pieces of information sent by a web server to be stored on your browser and later read back from that browser. This allows the Site to recognise your browser and remember certain information.

Cookies may be used to store user preferences and assist with online ordering systems.

If you disable cookies on your browser or remove or reject particular cookies from the Site or linked sites, you may not be able to access all content or services available on the Site.

8. Linked Sites

8.1 The Site may provide links to third party websites. We are not required to maintain or update these links.

8.2 Links from the Site to third party websites do not constitute approval, endorsement, recommendation or sponsorship by CMP of those third parties or their information, goods or services, unless expressly stated.

8.3 We make no warranties and accept no liability in relation to any information, goods or services contained on third party websites.

9. General

9.1 We may amend these Terms at any time without notice by posting the amended Terms on the Site. Amendments are effective immediately upon posting. Prices of our products and services are subject to change without notice.

9.2 Nothing in these Terms creates any agency, partnership, joint venture, employment or franchise relationship between you and CMP.

9.3 These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any dispute arising under these Terms.

9.4 We may terminate these Terms or suspend or terminate your access to the Site and/or any services immediately if you breach any of these Terms.

9.5 If any provision of these Terms is found to be void, unenforceable or illegal, that provision shall be severed without affecting the validity, legality or enforceability of the remaining provisions, which shall continue in full force and effect.

9.6 If we do not act in relation to a breach of these Terms by you, this does not waive our right to act in respect of that breach or any subsequent or similar breach.

9.7 In the event of any breach of these Terms by CMP, your remedies are limited to damages which shall not exceed the total amount paid by you to CMP for the relevant products or services.

9.8 You must not set off or deduct from any payment due to CMP any amount allegedly owed to you by CMP.

9.9 Neither party shall be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond reasonable control, including but not limited to acts of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or similar events.

9.10 If you default in payment of any amount due, you agree to indemnify CMP for all costs and expenses incurred in recovering the debt, including legal costs on a solicitor and own client basis and any debt collection agency fees.

9.11 Without prejudice to any other rights, if you breach any obligation (including payment obligations), CMP may suspend or terminate the supply of products or services to you. CMP shall not be liable for any loss or damage you suffer as a result of such suspension or termination.

9.12 If any account remains overdue for more than thirty (30) days, an administration fee of the greater of Twenty Dollars ($20.00) or ten percent (10%) of the overdue amount (capped at $200.00) may be charged and shall become immediately due and payable.

9.13 Interest shall accrue on any overdue payments at a rate of 1.5% per month (or part thereof) calculated on a compounding monthly basis until paid in full.

9.14 You acknowledge that in purchasing our products or services you have not relied on any representation made by CMP, its agents or representatives, unless such representation is expressly set out in these Terms or confirmed in writing by an authorised director of CMP.

9.15 We reserve the right, at our sole discretion, to:

a. refuse sale of products or services in any geographical location or jurisdiction;
b. refuse sale of products or services to any person, company or entity;
c. refuse to process or fulfil orders deemed to present a medium to high risk of fraud.

Any refused order will be refunded in full.

9.16 You will be deemed to have accepted these Terms if:

a. You access or use the Site; and/or
b. You purchase any products or services from us.