a. This website (“the Site”) is operated by Elate Manufacturing. Throughout the site, the terms “ELATE”, “ELATE Mfg”, “we”, “us” and “our” refer to Elate Manufacturing. Elate offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
b. By visiting our site and/ or purchase any Good from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
c. Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
d. Any new Good, product, features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
e. Our online store is hosted using Zuver Web Services. They provide us with a hosting platform that allows us to host an online store and sell our products and services to you.
f. We may also, in the future, offer new goods, products services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
g. These Terms were last updated 30 August 2020.
2. ONLINE STORE TERMS
a. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
b. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
c. You must not transmit any worms or viruses or any code of a destructive nature.
d. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. GENERAL CONDITIONS
a. We reserve the right to refuse service to anyone for any reason at any time.
b. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
i. transmissions over various networks; and
ii. changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
c. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
d. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
b. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
a. Prices for our products are subject to change without notice.
b. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
c. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES
a. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
b. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
c. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
d. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
a. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
b. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
c. For more detail, please review our Returns Policy.
8. OPTIONAL TOOLS
a. From time to time, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
b. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
c. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9. THIRD-PARTY LINKS
a. Certain content, products and services available via our Service may include materials from third-parties (“Third Party Information”).
b. Links to Third Party Information on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We make no representation as to the accuracy of any Third Party Information.
c. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
d. We do not represent or warrant that any links from our Site to Third Party websites are free of any harmful materials.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:
i. to maintain any comments in confidence;
ii. pay compensation for any comments; or
iii. to respond to any comments.
b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
c. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. PERSONAL INFORMATION
12. ERRORS, INACCURACIES AND OMISSIONS
a. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
b. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13. PROHIBITED USES
a. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, its content or our Services generally:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
vi. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
vii. to collect or track the personal information of others;
viii. to spam, phish, pharm, pretext, spider, crawl, or scrape;
ix. for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
b. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1 WARRANTY GENERAL
a. Except as provided in these Terms, all express warranties, guarantees and conditions under statute or general law as to merchantable quality, description, suitability or fitness of the Goods for any purposes are expressly excluded and you acknowledge that you have not relied on any representation or warranty from us with respect to the merchantable quality, description, quality, suitability or fitness of the Goods.
b. You accept full responsibility for determining whether the Goods or Services are suitable for any particular purpose and for protecting yourself against any possible consequential damage.
c. You acknowledge that any information provided on our Site or by our representatives is general in nature.
d. To the expect permitted by law, damages for breaches of warranties implied by law are limited to repair or replacement of the Goods or products at our discretion and election.
e. Any attempt of any person than our representative to adjust, repair or otherwise alter the Goods or Services will render any warranty void.
14.2 PRODUCT DISCLAIMER OF WARRANTIES AND DECISION MAKING RESPONSIBILITY
a. ELATE MFG manufactures and sells parts that are intended for off road use only, are not street-legal may not conform to Australian road laws or ADR Laws.
b. We are not automotive or motor vehicle technicians, mechanics, repairers, fitters or installers (“Qualified Professional”) and as such do not provide advice in relation to the installation, service or proper use of our Services (“Automotive Advice”). You agree that we do not provide Automotive Advice.
c. You agree that all decisions you make on all automotive and motor vehicle matters in relation to our Services are your full responsibility and you agree to retain the advice and service of a Qualified Professional. You acknowledge that it is your responsibility to fully inform yourself and understand the risks associated with the Goods and Services and the use of the same.
d. All parts must be installed by a qualified professional with experience and competent in the installation of the particular Good. It is the responsibility of the person installing the part to determine the suitability of the part for that particular application. Do NOT assume anything. Improperly installed parts are dangerous.
e. You agree to accept full responsibility for determining the value of and for any use you make of our services and for obtaining assistance from a qualified professional to assess the value of and appropriate uses for any Services.
f. Use of Elate Manufacturing’s technical support does not guarantee proper installation. You, or the person who does the installation must know how to properly use the product. It is not possible by conversation to understand or foresee all issues that might arise in your installation.
14.3 SERVICE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. We do not guarantee, represent or warrant that your use of our Goods and Services will be uninterrupted, timely, secure or error-free.
b. We do not warrant that the results that may be obtained from the use of the Goods and Service will be accurate or reliable.
c. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
d. In no case shall Elate, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or Goods procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. INTELLECTUAL PROPERTY
a. All copyright, trade marks (including its distinguishing guide and/or trade dress), and other intellectual property rights (registered and unregistered) of Elate Mfg belong to Elate Mfg and its associated entities. Elate Mfg reserves all of its rights in relation to the same. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Elate Mfg or any other third party except as expressly provided in these Terms.
b. In addition, Elate Mfg and the site contains information and intellectual property that is selected and organised by Elate Mfg and represents significant work made by Elate Mfg. Nothing in the Terms should be construed as granting any license or right to use any Elate Mfg material except as expressly provided in the Terms.
a. You, your heirs, assigns and successors agree to indemnify, defend and hold harmless Elate Mfg and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
b. You acknowledge that we are not liable for any loss or damage whatsoever, fault, failure or malfunction due to any:
i. External causes included but not limited to accident, abuse, misuse, problems with electrical power;
ii. Servicing, installation, maintenance, repairs or alterations undertaken by a Third Party;
iii. Acts of God.
a. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
c. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. ENTIRE AGREEMENT
a. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
b. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
c. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20. GOVERNING LAW
a. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.
21. CHANGES TO TERMS OF SERVICE
a. You can review the most current version of the Terms of Service at any time at this page.
b. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.