Terms

ACCEPTANCE

The area51.net.au website is operated by ARea 51 Pty Ltd (A.B.N. 99 115 651 173) trading as Adventure Racing Equipment Australia.

 

Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out in these ("Terms and Conditions"). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.

 

Area 51 Pty Ltd reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective, constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.


AGREEMENT

This Agreement is a contract between You and ARea 51 Pty Ltd ABN 99 115 651 173 ("ARea 51"). It sets out the terms and conditions under which You may purchase products online from ARea 51. Please read the following terms and conditions carefully before placing your order with ARea 51.


What is the Agreement?

The entire agreement between You and ARea 51 Pty Ltd for the purchase of Goods by You from ARea 51 is:

(a) these Conditions; and

(b) the terms of the Order

When is the Agreement formed?

An agreement exists between You and ARea 51 once:

(a) ARea 51 accepts an Order; or
(b) ARea 51 receives the Order and does not reject it within ten working days

Important Note:   Each Order is a separate agreement


INTERPRETATION

In these Terms & Conditions:

"ARea 51", "we", "our", or "us" means ARea 51 Pty Ltd (A.B.N. 99 115 651 173) trading as Adventure Racing Equipment Australia.

"You", "your" means an individual or company wishing to order products or services from ARea 51.

"Agreement" means an agreement between You and ARea 51 to supply Goods or Services. The Agreement consists of the Order and these Conditions.

"Conditions" means these Conditions and any agreed written variations.

"Delivery address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

"Order" means an order by You to purchase Goods from ARea 51.

"Products" means Goods displayed on the ARea 51 Internet site and as amended from time to time.


CAPACITY

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

 

ORDERS

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. ARea 51 Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with ARea 51 Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment. For more information on the process of ordering refer to our Shipping & Refunds information contained on this site.

 

PRICES

Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

 


Goods and Services ("GST") and Other Taxes

Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.

 

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.

COLOURS

ARea 51 makes every effort to represent product colours accurately. However, the colour settings of computer monitors can vary considerably. As a result, there may be variations between the colour you see on-screen and the colour of the item which you purchase. Where a product image varies from the product colours available, a note will be included in the product description.

 

DELIVERY

Please read the Shipping & Refunds information contained in the website. The delivery times are indicative only and Area 51 Pty Ltd will not be liable for any failure to observe these delivery times.

 

RISK AND TITLE

Area 51 Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

 


REFUNDS

The circumstance in which Area 51 Pty Ltd is obliged to make a Refund is detailed in the Shipping & Refund information conatined on this site.

 


USER CONDUCT AND INDEMNITY

General prohibitions

You must not up-load, post, transmit or otherwise make available through the site any material which:

  • violates or infringes the rights of others (including their privacy and intellectual property rights);
  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  • restricts or inhibits any other user from using or enjoying the site;
  • affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require ARea 51 Pty Ltd to take remedial action under any applicable industry code.

Indemnity

You agree to indemnify and will keep ARea 51 Pty Ltd indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by ARea 51 Pty Ltd in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

 

DISCLAIMER OF LIABILITY

You acknowledge and agree that to the extent permitted by law, ARea 51 Pty Ltd will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

(a) the use, copying, or display of the contents of this site;
(b) goods or services supplied by ARea 51 Pty Ltd under these Terms & Conditions; or
(c) a failure or omission on the part of ARea 51 Pty Ltd to comply with its obligations under these Terms & Conditions of use.

 

DISCLAIMER OF WARRANTY

You acknowledge and agree that ARea 51 Pty Ltd is providing this site and its contents on an “as is” basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.

ARea 51 Pty, nor any of its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including nay non-excusable statutory obligations, none of them will be liable or responsible in any way  (including in negligence) for errors in, or omissions from, the information contained on this site.

To the extent permitted by law, ARea 51 Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

 

LIMITATION OF LIABILITY

You acknowledge and agree that our total liability to you (if any) in connection with this site, or with these Terms & Conditions of use or any goods or services supplied under them, will be limited, at our election, to:

  • in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
  • in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; or
  • the amount paid by you (if any)

INDEMNITY

You acknowledge and agree to indemnify ARea 51 Pty Ltd , our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using this site.

 

RIGHTS WE CANNOT EXCLUDE

The above disclaimer, liability limitation and indemnity do not exclude any rights which by law may not be excluded.

 

LINKS

This website contains links to websites not maintained, controlled or associated with

ARea 51 Pty Ltd and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. ARea 51 Pty Ltd will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.

 

FEEDBACK

You grant ARea 51 Pty Ltd an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to ARea 51 Pty Ltd (Transmissions) from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in the Transmissions for any purpose and without restriction or compensation.

 

COPYRIGHT

The material on this site is protected by copyright under the laws of Australia and, through international treaties, other countries.

Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support, this site, including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved, by ARea 51 Pty Ltd.

PERSONAL, NON COMMERCIAL USE

Permission is granted to display, copy, distribute, download and print in hard copy portions of this site solely for the proper and reasonable purposes of:  
(1) placing an order with ARea 51 Pty Ltd; or
(2) using this site as a shopping resource, provided that you do not modify the site and that ARea 51 Pty Ltd retain all copyright and other
proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

PROHIBITED CONDUCT                                                                                                                                        You are not authorised, without the prior, written permission of ARea 51 Pty Ltd and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from, that content.

No trademark (whether registered or otherwise) that is contained on this site or otherwise used by ARea 51 Pty Ltd may be used without our prior, specific, written permission or that of the trade mark owner.

Please note that the permission granted to use material on the site terminates automatically if you breach any of these Terms of Use.

VIRUSES                                                                                                                                                              ARea 51 Pty Ltd does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. ARea 51 Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on ARea 51 Pty Ltd, it shall be limited to the cost of re-supplying that information.

TERMINATION                                                                                                                                                  Your ability to purchase goods from this site may be terminated by ARea 51 Pty Ltd at any time without notice. All restrictions, licences granted by you and limitations of liability of ARea 51 Pty Ltd will survive termination.

APPLICABLE LAW                                                                                                                                           These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.