About the Website
1. Welcome to https://www.neilsautoelectrics.com.au (the ‘Website’). The Website provides you with an opportunity to browse the various products and services offered 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’).
2. The Website is owned and operated by Neil's Auto Electrics (ABN 26 159 274 254). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Neil's Auto Electrics.
3. Please read these terms of use (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.
Your obligations as a Visitor
1. As a Visitor of the Website, you agree to comply with the following:
  
  You will use the Website only for purposes that are permitted by:
  1. the Terms;
  2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. 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 Neil's Auto Electrics providing the Purchase Services;
  4. you will not use the Website for any illegal and/or unauthorised or prohibited use;
  5. you warrant that any information provided by you to Neil's Auto Electrics will always be current, correct and complete;
  6. 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;
  7. you agree to immediately notify Neil's Auto Electrics of any illegal or unauthorised use of the Website or any other breach of security of which you have become aware.
2. Any information, including Personal Information, either provided directly by you and/or collected by us through your use of the Website are subject to Neil's Auto Electrics's Privacy Policy.
3. Neil's Auto Electrics will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Prohibitions
1. Notwithstanding any other provision of the Terms you agree and undertake not to use the Website for any reason other than that which it is provided, or in any way other than that which it is intended to be used.
2. You must not access, use, or generally act upon the Website (or attempt to do so, or authorise any third party to) in any way that is illegal or unauthorised by Neil's Auto Electrics.
3. You must not enter, upload, post, transmit or otherwise make available through the Website (or attempt to do so, or authorise any third party to) any material which is illegal or unauthorised by Neil's Auto Electrics.
4. Any illegal or unauthorised use of the Website and/or breach of these terms will constitute a criminal offence, and relevant details will be shared with enforcement authorities and legal action will be taken by Neil's Auto Electrics and our legal rights to recover damages or other compensation from such acts are reserved.
5. We will not be liable for any loss or damage caused by an attack, virus, trojan, worm, malware, ransomware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or to your downloading of any material posted on it, or on any website linked to it.
Links to & Information from Third Parties
1. The Website may contain hyperlinks to the websites and services of other organisations (‘Third Parties’) that are relevant to your dealings with Neil's Auto Electrics or that may be of interest to you.
2. The inclusion of these links, information or documents is for convenience only and does not constitute sponsorship, endorsement or approval of the Third Parties, their websites or services, information or documentation.
3. Neil's Auto Electrics is not in control of or responsible for, nor do we accept any liability for the purpose, content, terms, privacy or security of Third Party websites or services, or information or documents provided by them to us.
4. When browsing, accessing or otherwise using Third Party websites or services, it is your sole responsibility to first read and accept the terms and privacy policies applicable to the website or service in question. Any information (including personal or sensitive information) provided by you to a Third Party is done so at your sole discretion, and is subject to the terms, privacy policies and practices of that Third Party.
5. You rely on such websites, services or information, and download or use such documents entirely at your own risk. The Third Parties are solely responsible to you, and Neil's Auto Electrics accepts no responsibility or liability.
Privacy
1. Neil's Auto Electrics truly appreciates your business and respects your privacy and the confidentiality of information provided by you.
2. Neil's Auto Electrics adheres to and is bound by the provisions of the Privacy Act 1988 (Cth) (the Privacy Act), including the Australian Privacy Principles (APPs) which govern the way in which we collect, use, disclose, store, secure and dispose of personal information.
3. Any information collected through your use of the Website are subject to Neil's Auto Electrics's Privacy Policy.
4. Your acceptance of and agreement to the Terms includes your acceptance of and agreement to the Privacy Policy.
Copyright & Intellectual Property
1. The Website of Neil's Auto Electrics is subject to copyright. The material on the Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties. Unless otherwise indicated, and except for information directly from, or links to, third-party websites, all rights (including copyright) in the Website 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 Neil's Auto Electrics or its contributors.
2. All rights, title and interest in all intellectual property rights and in all of Neil's Auto Electrics's logo's, images, graphics, brands, buttons, codes, layout, text, content and products and services (the ‘Brand Elements’) as displayed on the Website are the property of Neil's Auto Electrics and will remain or be vested in Neil's Auto Electrics at all times.
3. Nothing you do on or in relation to the Website under any circumstances will transfer, assign or grant to you ownership rights of:
  1. the business name, trading name, domain name, trade mark, industrial design, patent, Content, Brand Elements, registered design or copyright of Neil's Auto Electrics; or
  2. the right to use or exploit a business name, trading name, domain name, Brand Element, trade mark or industrial design; or
  3. 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).
4. You may not, without the prior, specific, written permission of Neil's Auto Electrics 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 Website, Content, Brand Elements, trade marks (whether registered or otherwise) or third party content 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.
General Disclaimer
1. 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) and the Consumer Guarantees which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  2. Neil's Auto Electrics 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 use, data, profit or opportunity (whether incurred directly or indirectly), or damage to goodwill or business reputation and any other intangible loss arising out of or in connection with the Website and its Purchase Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. The Website, Purchase Services, and the Products of Neil's Auto Electrics are provided on an 'as is' and 'as available' basis, without warranty or condition of any kind, and any use of these are at your own risk. None of the owners, directors, officers, employees, consultants, agents, affiliates, contributors, third party content providers or licensors of Neil's Auto Electrics: to the extent permitted by law, will be liable or responsible in any way (including in negligence) for; or make any express or implied representation or warranty about; its Content or any Products or Purchase Services (including the Products or Purchase Services of Neil's Auto Electrics) 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:
  1. the Website or its Purchase Services is not capable of running as planned for any reason beyond the reasonable control of Neil's Auto Electrics, including because of war, terrorism, state of emergency or disaster (including natural disaster);
  2. technical failures or any failures which corrupt or affect the administration, security, fairness, integrity, performance or proper conduct of the Website or its Purchase Services, such as error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, or bugs;
  3. any prohibited activity as outlined in section 4. Prohibitions, such as unlawful third party conduct, or theft, destruction, tampering, alteration or unauthorised access of data;
  4. 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. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  6. the Content or operation in respect to links which are provided for the User's convenience;
  7. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  8. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
4. Any costs associated with accessing accessing, using, and downloading (where applicable) the Website its Content and its Purchase Services remain your responsibility and are dependent on the service provider used.
5. You also understand that we cannot and do not guarantee or warrant that any material available for download via the Website will be free from infection, viruses, malware, ransomware and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.
6. Neil's Auto Electrics reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Website, all its Content, and its Purchase Services.
Limitation of Liability
1. Neil's Auto Electrics's total liability (if any) arising out of or in connection with the Website and its Purchase Services, or these Terms or any Products supplied under them, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to and 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 Neil's Auto Electrics is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that Neil's Auto Electrics (and its owners, directors, officers, employees, consultants, agents, affiliates, contributors, third party content providers and licensors) shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary loss or damages or any loss or damages whatsoever 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 use, data, profit or opportunity (whether incurred directly or indirectly), or damage to goodwill or business reputation and any other intangible loss.
3. Neil's Auto Electrics 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 Neil's Auto Electrics, by third parties or by any of the Purchase Services offered by Neil's Auto Electrics.
4. You warrant that all information provided by you to us through the Website and its Purchase Services or otherwise is lawful, current, correct and complete;
Indemnity
1. You agree to indemnify and will keep Neil's Auto Electrics (and its owners, directors, officers, employees, consultants, agents, affiliates, contributors, third party content providers and licensors) indemnified from and against:
  1. any actions, suits, claims, demands, liabilities, costs, charges, expenses, injuries, loss and damage (including legal fees on a full indemnity basis) (whether direct or indirect) incurred, suffered or arising out of or in connection with your accessing, using or transacting on the Website or attempts to do so; and/or
  2. any breach by you or your agents of these Terms; and/or
  3. any breach by you or your agents of the Terms; and/or
  4. any breach by you or your agents of any rights of third parties.
Venue
1. The Website and the Purchase Service offered by Neil's Auto Electrics are intended to be viewed, accessed and/or used by residents of the Commonwealth of Australia.
2. If you choose to access the Website from another location, you are responsible for compliance with applicable local laws. Neil's Auto Electrics makes no representation that the Website is appropriate or available for use in locations outside the Commonwealth of Australia.
Governing Law & Jurisdiction
1. Neil's Auto Electrics controls and operates the Website from within the Commonwealth of Australia. The Terms are governed by the laws of the State of Queensland, Australia.
2. 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 Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
3. You and Neil's Auto Electrics hereby irrevocably and unconditionally agree to submit to the exclusive jurisdiction and venue of the courts of Queensland, Australia.
4. The validity of this governing law and jurisdiction clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Changes to Terms of Use
1. Neil's Auto Electrics reserves the right to review, amend and/or change any of the Terms at any time and at its sole and absolute discretion. Any revision to the Terms will be posted directly to this Privacy Policy page and will be effective immediately.
2. By continuing to use the Website and/or the Purchase Services after any revision becomes effective, you agree to be bound by the revised Terms.
Severance

You agree that, 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 full force and effect.

Acceptance of the Terms

You accept that your use of the Website and the Purchase Services, indicates that you have had sufficient opportunity to access the Terms of Use and that you have read and accepted the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you on the Website.

Terms of Use