2. Use of Service

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

1. In any way that violates any applicable federal, state, local or international law or regulation
2. To engage in any conduct that restricts or inhibits anyone's use of the Service
3. To transmit any material that contains viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer system
4. For the purpose of exploiting, harming or attempting to exploit or harm minors
5. To impersonate or attempt to impersonate us, our employees, another user or any other person or entity

We reserve the right to terminate or restrict your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Your Website Name and its licensors. The Service is protected by copyright, trademark and other laws of both Australia and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. All other trademarks used on the Service are the property of their respective owners.

4. User Accounts

When you create an account with us, you must provide accurate and complete information. You are solely responsible for:

1. The activity that occurs on your account
2. Keeping your password secure
3. Any damages or losses we may suffer due to unauthorized use of your account

You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

5. Purchases and Payments

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your:

1. Credit card number
2. Credit card expiration date
3. Billing address
4. Shipping information

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete.

All prices are in Australian dollars (AUD) and include GST where applicable, unless otherwise stated. We reserve the right to change prices for products displayed on the Service at any time.

Our refund and returns policy is in accordance with the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.

6. Links to Third Party Websites

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

7. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We do not warrant that:

1. The Service will function uninterrupted, be secure or available at any particular time or location
2. Any errors or defects will be corrected
3. The Service is free of viruses or other harmful components
4. The results of using the Service will meet your requirements

Nothing in these Terms affects any statutory rights you may have as a consumer under Australian law.

8. Limitation of Liability

To the maximum extent permitted by Australian law, in no event shall Your Website Name, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from:

1. Your access to or use of or inability to access or use the Service
2. Any conduct or content of any third party on the Service
3. Any content obtained from the Service
4. Unauthorized access, use or alteration of your transmissions or content

Our liability to you for any claim arising under these Terms will not exceed the amount you have paid us in the last 12 months, if any. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify and hold harmless Your Website Name and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

1. Your use of and access to the Service
2. Your violation of any term of these Terms
3. Your violation of any third-party right, including without limitation any copyright, property or privacy right
4. Any claim that your use of the Service caused damage to a third party

This defense and indemnification obligation will survive termination or modification of these Terms and your use of the Service.

10. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of [Your State/Territory], Australia, without regard to its conflict of law provisions.

Before commencing legal proceedings, you agree to negotiate genuinely with us to resolve any dispute arising out of or in connection with these Terms. If the dispute cannot be resolved within 30 days through negotiation, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) under its Mediation Guidelines.

If the dispute is not resolved through mediation, either party may commence legal proceedings. The parties expressly agree to submit to the exclusive jurisdiction of the courts of [Your State/Territory] and the Commonwealth of Australia.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

We will notify you of any material changes to these Terms through prominent notice on our website or by sending you an email. The "Last updated" date at the top of these Terms will be amended accordingly.

If you do not agree to the new Terms, you must stop using the Service.

12. Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.

14. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If we waive any term or condition of these Terms in a particular instance, such waiver will only be effective for that specific situation.

15. Contact Us

If you have any questions about these Terms, please contact us:

• By email: admin@ausmaxpumps.com.au
• By visiting this page on our website: Contact Us