These Terms and Conditions (Terms) apply to the use of this Website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. By using this Website and our Services, you agree to be bound by the Terms as well as any and all general terms and conditions posted on our Website from time to time.
Order means an order for our Services placed on the Website or otherwise.
Services means the bicycle frame protection and associated services and products provided by us.
We, Our and Us means Edgetech Protection, 86 497 176 985, including its employees, contractors and affiliates.
Website means www.edgetechprotection.com.au.
You and Your means anyone using our Services.
All prices for our Services are as shown on the Website. Our prices are fixed and no variations apply.
All prices are in Australian dollars and are inclusive of GST.
We reserve the right to change our prices at any time without notice to you.
By placing an order for our Services, you agree to pay the price for the Services.
In the event that full payment is not made by the due date, then you are in default of these Terms, and we will charge you interest at the rate of 2.5% per month payable on a daily basis from the due date, and you will be liable for all expenses incurred by us as a result of the default, including all legal expenses.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you, the customer, with rights, warranties, guarantees and remedies relating to the provision of Services by us which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and those set out in these Terms.
We provide a 3 year warranty against yellowing and lifting for our protective films. To make a warranty claim, you must provide proof of purchase and details of the defect within 3 years of the original purchase. Subject to the below conditions, we will (at our option) repair or replace the product, or resupply the Service.
The warranty for our services is not transferrable. Warranty only applies to the original purchaser.
The warranty for our services does not apply where the defect arises due to any of the following:
- the product has not been used in accordance with our instructions under normal use and reasonable care (in our opinion);
- the product was not stored, maintained or handled correctly and in accordance with our instructions;
- incorrect installation or removal of or attempt to repair the product;
- poor maintenance, unauthorised modification, or improper, negligent or careless use of the product including leaving the product, or the bicycle of which it is a component, in the elements;
- the application of our protective films by anyone other than ourselves; or
- the product, or the bicycle of which it is a component, is abused, thrown around, used for racing, or involved in an accident or crash.
CANCELLATION AND REFUNDS
We do not accept cancellations for custom services after an order has been made or for our protective film products once they have been applied. We do not offer refunds for change of mind. We will, however, at all times abide by the ACL with respect to all refunds and repairs. All refunds are made at our discretion.
DELIVERY OF PRODUCTS
Products purchased through the Website may be delivered by us or by third-party courier companies. All dates for shipment and delivery of products or Services are approximate. We will confirm shipment once we receive your order and payment.
Deliveries are processed promptly upon receipt of full payment. Delivery may take up to 14 days, depending on the delivery option and we will provide estimates on the delivery times where available. Damaged or lost orders should be resolved with the courier company directly and we are not responsible for products that are damaged in transit or not received. Replacement of damaged or lost items is at our discretion.
Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in any estimated period, which is affected by your delay in response, incomplete or incorrect information. We are also not liable to you for any loss or damage caused by delay due directly or indirectly to causes beyond our control. You indemnify us against any loss incurred by us as a result of delays caused by you, including by way of example a delay in the provision of any instructions and technical information by you to us.
Acceptance constitutes acknowledgement that the supply and Services conform with applicable quality, size and other requirements in accordance with your specifications. Acceptance may take place before delivery, at the time of delivery, or after delivery depending on the terms of your order. If you fail to take delivery of the products on the agreed date, then you must pay the reasonable costs of storage incurred by us. Please ensure you perform a full inspection at the time of receipt of our products and advise us immediately of any questions, concerns or issues you may have so that we can assist you to resolve them. A delay in advising us may affect or void any warranty.
OWNERSHIP AND RISK
Property and title in the products remains with us until all money you owe to us has been paid in full or until property and title in the goods has passed to a third party in accordance with this clause.
Risk in any products supplied to you will pass to you when we part with possession of the products in accordance with these Terms, whether or not ownership has passed to you.
LIABILITY AND INDEMNITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage, injury or death which may result from your use of the Website, our Services or any information contained on or linked to the Website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property, even if the possibility of such loss was made known to us.
Your use of, or reliance on, any information or materials on the Website is entirely at your own risk, for which we will not be liable.
It is your own responsibility to ensure that any products, Services or information contained on or linked to the Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.
You agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any party which arises out of or is in any way related to your use of the Website or the Services, your reliance on any information contained on or linked to the Website, or any actions or activities you may undertake with other persons or businesses as a result of the Services.
This Liability and Indemnity clause survives the expiry or termination of these Terms and any agreement.
LINKS TO OTHER WEBSITES
We may from time to time provide on the Website links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites. We accept no responsibility whatsoever for any information or advice provided to you by third parties.
We provide no warranty that the Website or its server is free of viruses or any other harmful components.
Whilst we will at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all the customer data we collect are secured against unauthorised use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist us in meeting customer needs generally. In addition, we may use the information that you provide to improve the Website and the Services but not for any other use.
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of providing similar products or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from the Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, Services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on the Website.
We expressly reserve all copyright and trademark in all documents, information and materials on the Website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
EXCLUSION OF UNENFORCEABLE TERMS
If any clause in these Terms is not enforceable in a court of law, that clause will be excluded from the Terms and the rest of the Terms will continue to be fully enforceable.
These Terms, and any disputes regarding the Terms or Services, are subject to the laws and courts of New South Wales and Australia. In the event of any dispute, both parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.