In using ducoscratch.com.au website you are deemed to have read and
agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and any or all Agreements:
"Client", “You” and “Your” refers to you, the person accessing this
website and accepting the Company‟s terms and conditions. "The
Company", “Ourselves”, “We” and "Us", refers to Duco Scratch.
“Party”, “Parties”, or “Us”, refers to both the Client and
ourselves, or either the Client or ourselves.
Privacy Statement
We are committed to protecting your privacy. Authorized employees
within the company on a need to know basis only use any information
collected from individual customers. We constantly review our
systems and data to ensure the best possible service to our
customers.
Confidentiality
We are registered Australian Business ABN 47 442 069 551 and as
such, any client records are regarded as confidential and therefore
will not be divulged to any third party, other than [our
manufacturer/supplier(s) and] if legally required to do so to the
appropriate authorities.
We will not sell, share, or rent your personal information to any
third party or use your e-mail address for unsolicited mail. Any
emails sent by this Company will only be in connection with the
provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, this Company:
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excludes all representations and warranties relating to this
website and its contents or which is or may be provided by any
affiliates or any other third party, including in relation to
any inaccuracies or omissions in this website and/or the
Company’s literature; and
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excludes all liability for damages arising out of or in
connection with your use of this website. This includes, without
limitation, direct loss, loss of business or profits (whether or
not the loss of such profits was foreseeable, arose in the
normal course of things or you have advised this Company of the
possibility of such potential loss), damage caused to your
computer, computer software, systems and programs and the data
thereon or any other direct or indirect, consequential and
incidental damages. This Company does not however exclude
liability for death or personal injury caused by its negligence.
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The above exclusions and limitations apply only to the extent
permitted by law. None of your statutory rights as a consumer
are affected.
Payment
Visa or MasterCard Credit Cards and Direct Bank Deposits are all
acceptable methods of payment. Our Terms are payment in full C.O.D.
All goods remain the property of the Company until paid for in full.
Monies that remain outstanding by the due date will incur late
payment interest at the rate of 2% above the prevailing Australia
Reserve Bank base rate on the outstanding balance until such time as
the balance is paid in full and final settlement. We reserve the
right to seek recovery of any monies remaining unpaid sixty days
from the date of invoice via collection Agencies and/or through the
Small Claims Tribunal in the event that the outstanding balance does
not exceed AUD $5000. In such circumstances, you shall be liable for
any and all additional administrative and/or court costs. Returned
cheques will incur an AUD $55 charge to cover banking fees and
administrative costs. In an instance of a second Returned cheque, we
reserve the right to terminate the arrangement and, if agreed to, we
shall insist on future cash transactions only. Consequently, all
bookings and/or transactions and agreements entered into will cease
with immediate effect until such time as any and all outstanding
monies are recovered in full.
Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification for
instance, in person, via email, mobile phone „text message‟ and/or
fax, or any other means will be accepted subject to confirmation in
writing. We reserve the right to charge a $33 charge to cover any
subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and Ourselves have the right to terminate any
Services Agreement for any reason, including the ending of services
that are already underway. No refunds shall be offered, where a
Service is deemed to have begun and is, for all intents and
purposes, underway. Any monies that have been paid to us which
constitute payment in respect of the provision of unused Services
shall be refunded. The film cut to size and all paint protection kits are custom made and no
refunds shall be offered.
Availability
Unless otherwise stated, the goods and services featured on this
website are only available within the Australia, or in relation to
postings from the Australia. You are solely responsible for
evaluating the fitness for a particular purpose of any downloads,
programs and text available through this site. Redistribution or
republication of any part of this site or its content is prohibited,
including such by framing or other similar or any other means,
without the express written consent of the Company. The Company does
not warrant that the service from this site will be uninterrupted,
timely or error free, although it is provided to the best ability.
By using this service you thereby indemnify this Company, its
employees, agents and affiliates against any loss or damage, in
whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track
user’s movement, and gather broad demographic information for
aggregate use. IP addresses are not linked to personally
identifiable information. Additionally, for systems administration,
detecting usage patterns and troubleshooting purposes, our web
servers automatically log standard access information including
browser type, access times/open mail, URL requested, and referral
URL. This information is not shared with third parties and is used
only within this Company on a need-to-know basis. Any individually
identifiable information related to this data will never be used in
any way different to that stated above without your explicit
permission.
Cookies
Like most interactive web sites this Company’s website uses cookies
to enable us to retrieve user details for each visit. Cookies are
used in some areas of our site to enable the functionality of this
area and ease of use for those people visiting. Some of our
affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our
prior written consent. If you do create a link to a page of this
website you do so at your own risk and the exclusions and
limitations set out above will apply to your use of this website by
linking to it.
Links from this website
We do not monitor or review the content of other party’s websites
which are linked to from this website. Opinions expressed or
materials appearing on such websites are not necessarily shared or
endorsed by us and should not be regarded as the publisher of such
opinions or material. Please be aware that we are not responsible
for the privacy practices, or content, of these sites. We encourage
our users to be aware when they leave our site and to read the
privacy statements of these sites. You should evaluate the security
and trustworthiness of any other site connected to this site or
accessed through this site yourself, before disclosing any personal
information to them. This Company will not accept any responsibility
for any loss or damage in whatever manner, howsoever caused,
resulting from your disclosure to third parties of personal
information.
Copyright Notice
A copyright and other relevant intellectual property right exists on
all text relating to the Company’s services and the full content of
this website.
This Company’s logo and Duco Scratch® is a registered trademark of
this Company in the Australia. The brand names and specific services
of this Company featured on this web site are trade marked.
Communication
We have several different e-mail addresses for different queries.
These, and other contact information, can be found on our web site.
Contact Us
link on our website or via Company literature or via the Company’s
stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to
perform any obligation under any Agreement which is due to an event
beyond the control of such party including but not limited to any
Act of God, terrorism, war, Political insurgence, insurrection,
riot, civil unrest, act of civil or military authority, uprising,
earthquake, flood or any other natural or man made eventuality
outside of our control, which causes the termination of an agreement
or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform
the other Party of the same and shall use all reasonable endeavours
to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict performance of any
provision of this or any Agreement or the failure of either Party to
exercise any right or remedy to which it, he or they are entitled
hereunder shall not constitute a waiver thereof and shall not cause
a diminution of the obligations under this or any Agreement. No
waiver of any of the provisions of this or any Agreement shall be
effective unless it is expressly stated to be such and signed by
both Parties.
General
The laws of Australia and Queensland govern these terms and
conditions. By accessing this website and using our services/buying
our products you consent to these terms and conditions and to the
exclusive jurisdiction of the Australia courts in all disputes
arising out of such access. If any of these terms are deemed invalid
or unenforceable for any reason (including, but not limited to the
exclusions and limitations set out above), then the invalid or
unenforceable provision will be severed from these terms and the
remaining terms will continue to apply. Failure of the Company to
enforce any of the provisions set out in these Terms and Conditions
and any Agreement, or failure to exercise any option to terminate,
shall not be construed as waiver of such provisions and shall not
affect the validity of these Terms and Conditions or of any
Agreement or any part thereof, or the right thereafter to enforce
each and every provision. These Terms and Conditions shall not be
amended, modified, varied or supplemented except in writing and
signed by duly authorised representatives of the Company.
Ownership
of Goods
Until goods are
paid in full they remain the property of Duco Scratch®. After the
goods are paid in full and dispatched via Australia Post or Couriers
the ownership of the goods is transferred to the purchaser.
The terms and
conditions applicable to postal services are determined by the Board
of the Australian Postal Corporation under the Australian Postal
Corporation Act 1989 available on the internet at
www.auspost.com.au.
In case the goods
are delayed or damaged or missing please contact the Australia Post
on their website or on the telephone number 13 13 18.
Duco Scratch® is not and cannot be responsible for the services of
the third party.
Notification of Changes
The Company reserves the right to change these conditions from time
to time as it sees fit and you continue to use of the site will
signify your acceptance of any adjustment to these terms. If there
are any changes to our privacy policy, we will announce that these
changes have been made on our home page and on other key pages on
our site. If there are any changes in how we use our site customers’
Personally Identifiable Information, notification by e-mail or
postal mail will be made to those affected by this change. Any
changes to our privacy policy will be posted on our web site 30 days
prior to these changes taking place. You are therefore advised to
re-read this statement on a regular basis. These terms and
conditions form part of the Agreement between the Client and
ourselves. Your accessing of this website and/or undertaking of a
booking or Agreement indicates your understanding, agreement to and
acceptance, of the Disclaimer Notice and the full Terms and
Conditions contained herein. Your statutory Consumer Rights are
unaffected.
© Duco Scratch 2008 All Rights Reserved
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