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Disclaimer & Liability

Disclaimer of Warranties

You understand and agree that your use of Car Mods Australia and any services or content provided (the “Service”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us not any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Limitation of Liabilty

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorised access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service.

Disclaimer of Warranties

You understand and agree that your use of Car Mods Australia, including any products, services, technical information, or content provided (the Service) is provided at your own risk. All products and services are supplied on an “as is” and “as available” basis.

To the fullest extent permitted by law, Car Mods Australia expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

Merchantability
Fitness for a particular purpose
Compatibility with modified vehicles
Non-infringement
Performance expectations

We make no warranty that:

Products will meet all customer expectations
Fitment will be plug-and-play unless explicitly stated
Services will be uninterrupted or error-free
Technical information is free from error
Manufacturer specifications will not change

You acknowledge that any advice provided by Car Mods Australia does not constitute professional mechanical or engineering advice and must not replace proper professional installation practices.

Limitation of Liability

You expressly understand and agree that Car Mods Australia will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for:

Loss of profits
Loss of business
Loss of goodwill
Loss of use
Loss of data
Vehicle damage
Financial loss

arising out of or relating to:

(i) the use of or inability to use any product or service
(ii) incorrect product selection by the customer
(iii) installation outcomes
(iv) third-party installer workmanship
(v) unauthorised modifications
(vi) delays in supply
(vii) any other matter relating to products or services supplied by Car Mods Australia

This limitation applies even if Car Mods Australia has been advised of the possibility of such damages.

Installation & Fitment Responsibility

All products sold by Car Mods Australia are aftermarket performance and automotive parts and must be installed by a qualified and licensed automotive professional (including but not limited to a mechanic, auto electrician, or specialist installer where applicable).

By purchasing from Car Mods Australia, the customer acknowledges and agrees to the following:

Professional Installation Required

All parts must be installed by a qualified professional. Car Mods Australia accepts no responsibility or liability for any damage, product failure, vehicle damage, or loss resulting from improper installation, incorrect installation methods, or installation by unqualified persons.

Failure to have products professionally installed may void any applicable warranty.

Customer Fitment Responsibility

It is the sole responsibility of the customer to ensure the product purchased is suitable, compatible, and fit for purpose for their specific vehicle and intended application prior to installation.

This includes, but is not limited to, confirming:

Correct vehicle make, model and year
Correct engine type, variant and series
Existing vehicle modifications
Manufacturer specifications and requirements
Intended vehicle use (including but not limited to street, off-road, competition or racing use)

Any fitment information provided by Car Mods Australia, whether verbally, electronically, or via website content, is provided as a general guide only and must be independently verified prior to installation.

Pre-Installation Inspection Requirement

Customers must inspect all goods immediately upon receipt and prior to installation to confirm:

The correct product has been supplied
There is no visible damage or freight damage
The product matches the intended vehicle application

Under no circumstances should a product be installed if it appears incorrect, incomplete, or damaged.

Installation of any product constitutes acceptance by the customer that the correct product has been supplied in good condition.

Labour Cost Exclusion & Limitation of Liability

To the maximum extent permitted by law, Car Mods Australia will not be liable for:

Labour costs of any kind
Installation or removal costs
Reinstallation costs
Diagnostic costs
Mechanical or vehicle damage
Tuning or calibration costs
Freight costs relating to removal or replacement
Loss of vehicle use or vehicle downtime
Workshop storage fees
Loss of income
Any consequential, indirect or incidental loss

This applies in situations including but not limited to where:

The incorrect product was ordered by the customer
The product was installed prior to inspection
The product was incorrectly installed
The product was used outside manufacturer specifications
The vehicle has undisclosed modifications
Installation instructions were not followed

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Car Mods Australia’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Car Mods Australia’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 3/24 Technology Drive, Arundel QLD 4214. Our ABN is 14 146 318 612. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Any purchase from this website is subject to the following terms of use:

All products sold by Car Mods Australia may be returned within 30 days of the original invoice date for a refund or store credit. All returns require an RMA (Return Merchandise Authorisation) number, and freight charges are strictly non-refundable. No returns will be accepted on opened, installed or otherwise used products. Failure to comply with the terms states herein, may result in delayed processing and/or refusal of return. Items that were shipped incorrectly, or have been damaged in transit, must be reviewed by a member of our customer service team.
Please make sure that returned orders are shipped well and the product and packaging is not damaged. Any damage may attract a re-boxing coost. Do not attach the return shipping label to the product packaging as this will VOID the return.
Any clearance items, or special order items are not eligible for return unless an agreement is made with Car Mods Australia in writing prior to the purchase.
Refused or undeliverable orders that are returned to our warehouse will be treated like a standard return, this means that all shipping costs, including return freight charges and any fees attributed by the shipping company will be deducted from the product refund or charged to the order if the customer elects to re-ship.
Due to the associated transactional costs from the use of Afterpay and Zip Money, any order cancelled using either payment merhod will attract a 6% processing fee. Swapping to another product with Car Mods Australia will not attract any cancellation fee. Please note that cancellation fees if applicatble is added to the processing fee.
All parts must be installed by a licenced mechanic to obtain warranty. You may be asked to provide proof of this at the time of processing any warranty claim.

Shipping:

We offer a very competitive shipping flat rate service. Due to new costs being introduced by couriers, we DO NOT REDELIVER if there is a futile delivery attempt at your address. Your package will be held at your local depot available for pickup. Your package can be redelivered but it will be charged at a cost of $15/redelivery and there is a 24 hour turnaround time for redeliveries to be actioned by couriers. We always recommend that you put your business address as your delivery address to ensure successful delivery. Alternatively you can select ATL (Authority to Leave) in the checkout and your package will be left at your front door.

Authority to leave - what does this mean?

Our deliveries are tracked and require a signature on delivery. You can choose what happens if no one is at the shipping address when the courier attempts to deliver your order.

If you choose 'yes' for 'Authority to leave' the courier will put the package in a safe place out of the weather according to your instructions.

If you choose 'no' for 'Authority to leave' then the courier will put a card in your post box indicating which local post office (parcels shipped via Star Track or Australia Post only) or depot you can collect the package from. You will need to provide identification to collect from the post office/depot.

Authority to leave terms & conditions

By ticking the box or selecting 'yes' at the checkout page on the website, Car Mods Australia's agent will leave your parcel at your premises in accordance with your instructions. Please note that the driver does not require a signature often he/she will not try to obtain one so parcels may be delivered without knocking/ringing.

You agree that the parcel is deemed received when left at your premises.

Car Mods Australia, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release ‘Car Mods Australia’ from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

If you do not give ‘Car Mods Australia’ Authority to Leave, you will have to be at your premises in order for the delivery to occur.

Our Privacy Commitments
Types of Personal Information Held and its Use
Consents and opt-outs
Use of Cookies
Disclosures
Confidentiality Security of Your Personal Information
How to Access, Update and Erase your Personal Information
Security Measures
Content and Use
Intellectual Property
Links
Changes to this Privacy Statement

For the purpose of this Privacy Statement "group company" shall mean Car Mods Australia Pty Limited and any of its subsidiary or affiliate companies, including, without limitation, the companies listed above under CMA.

Our Privacy Commitments

Car Mods Australia Pty Ltd ("CMA") respects the privacy of every person who visits, registers with or subscribes to our websites and on-line publications, and is committed to ensuring a safe on-line experience. This Privacy Statement applies to CMA's website ("Site") as listed below under the heading "Site" and outlines the information CMA may collect and how we may use that information. This Privacy Statement also tells you how you can verify the accuracy of your personal information submitted to CMA through our Site and how you can request that we delete or update it.

This Privacy Statement consists of a general section, which applies to the Site, followed by specific sections on carmodsaustralia.com.au and Sites that provide supplementary information about the personal information collected on those Sites.

Information about CMA

import, sale and distribution of motor vehicle parts worldwide

Car Mods Australia Pty Ltd Company Address:

3/24 Technology Drive, Arundel QLD 4214

CMA's primary goal in collecting personal information from you is to give you an enjoyable customised experience whilst allowing us to provide services and features that most likely meet your needs.

CMA gives you the option to access our Site's home page without subscribing or registering or disclosing your personal data.

We collect certain personal information from you, which you give to us when using our Site and/or enquiring about, purchasing or ordering our products and services.

We also collect certain personal data from other group companies to whom you have given information through their websites (including, by way of example, 4x4 Mods Australia Limited in accordance with the purposes listed below).

Where, as part of our Site services, we enable you to post information or materials on our Site, we may access and monitor any information which you upload or input in order to fulfil our obligations to you and protect or comply with our legal rights and obligations.

We do not collect information about our Site visitors or product enquirers.

Please note that we do not collect any personal information from children under thirteen years of age and that no child under thirteen should submit any personal information to the Sites. Should we discover that any such personal information has been delivered to the Sites, we will remove that information as soon as possible.

Types of Personal Information Held and its Use

On its Site, CMA collects personally identifiable information, such as your name, business name, work and/or home address, and telephone number and email address and comments/information you may input or post. CMA may collect demographic information, such as your postcode, age, gender, purchasing preferences and interests or may collect a combination of the two types of information.

CMA collects and uses your personal information to operate its Site efficiently and to deliver the products and services you have requested.

Your personal information may be used for the purposes of:

Customer Administration, i.e. part of the personal data is used for the provision of information, communications, or transaction services such as placing an order and delivering products and/or services to you.

Marketing, i.e. parts of your personal data may be used by CMA to contact you by email, telephone and/or post for sending information or promotional material on the products and/or services of CMA.
CMA uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this data is used to determine when to send cart reminder messages via SMS.
CMA gives you the opportunity to opt-out of receiving marketing communications and will in certain circumstances need to obtain your consent before sending such communications to you.
Trading in Personal Data, i.e. parts of your personal data may be collected and processed with the intention of selling it to other organisations, but only after consent has been given by you.
This information also helps us determine what is most beneficial for our users and how we can continually create a better overall service for you. Employees or contractors of CMA who are given access to your usage information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for CMA.

CMA may also use your information to measure what area users visit most frequently and what information users access the most. We use this data in connection with the design of our website. This information also helps us determine what is most beneficial for our users and how we can continually create a better overall service for you. Employees or contractors of CMA who are given access to your usage information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for CMA.

Any other purposes for which CMA wishes to use your personal data will be notified to you and your personal data will not be used for any such purpose without obtaining your prior consent.

Consents and opt-outs

You can give your consent to or opt-out of particular uses of your data as indicated above by informing CMA by email, post or phone.
Alternativelly you can:

clicking an ‘unsubscribe’ link in an email
replying to an email or text message with ‘unsubscribe’ or ‘STOP’

Use of Cookies

CMA's Site's use "cookies".

A cookie is a text file placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. They are uniquely assigned to you and can only be read by a Web server in the domain that issued the cookie.

Temporary cookies are a mechanism for maintaining continuity between pages during your visit. These cookies are maintained in your browser's active memory and are terminated at the conclusion of the Site visit. Permanent cookies are used to recall on subsequent visits your login information and your agreement to our terms and conditions.

Cookies are integral to the functioning of all CMA Site. By using your browser's options to block cookies you will effectively prohibit effective use of CMA site. If you still wish to control the operation of cookies, then functionality is available through your browser. Generally, you have the options to accept all cookies, to be notified when a cookie is issued or reject all cookies.

As outlined above, disabling cookies may prevent the CMA Site from operating fully.

Disclosures

Information collected at one Site may be shared within CMA for the purposes listed above.

Your personal data may also be sold to other companies in the form of lists and directories, but only after permission from you in accordance with the provisions above.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Please note that the Site may contain links to external sites and may contain advertisements for, and/or the opportunity for you to purchase products or services from third parties. Please note that this privacy statement does not control the activities of such third parties, and users should consult those third party sites' privacy policies.

Confidentiality Security of Your Personal Information

CMA is committed to keeping the data you provide us secure and will take reasonable precautions to protect your personal information from loss, misuse or alteration.

We have implemented information security policies, rules and technical measures to protect the personal data that we have under our control.

We also give you the option of using a secure transmission method to send us personal data identifiers, such as credit card details and bank account number.

How to Access, Update and Erase your Personal Information

If you wish to know whether we are keeping personal data about you, or if you have an enquiry about our privacy policy or your personal information held by CMA, in relation to the Site you can contact the Data Protection Officer via

Postal mail to this address : Car Mods Australia Pty Ltd 3/24 Technology Drive, Arundel QLD 4214
Telephone: +61 (7) 5610 2123
Email: admin@carmodsaustralia.com.au
Or simply accessing your account information on www.carmodsaustralia.com.au

CMA allows you to challenge the data that we hold about you and, where appropriate in accordance with applicable laws, you may have your personal information:

erased
rectified or amended
completed

Security Measures

CMA has adopted the legally required levels of security for the protection of Personal Data, and they try to install those other additional technical means and measures within their reach to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided to CMA.

CMA is not responsible for any hypothetical damage or loss of damages that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of this electronic system, motivated by causes unrelated to CMA; of delays or blockages in the use of this electronic system caused by deficiencies or telephone line overloads or process centre overloads the Internet system or other electronic systems, as well as in other electronic systems, as well as damages that may be caused by third parties through illegitimate intrusions beyond the control of CMA. However, the user must be aware that the measures of Internet security are not impregnable.

Content and Use

The user is informed and accepts that access to e-commerce does not imply, in any way, the beginning of a commercial relationship with CMA.

The head of the e-commerce does not identify with the opinions expressed in it by his collaborators. The company reserves the right to make unannounced changes it deems appropriate in e-commerce, may change, delete or add both the content and services provided through it and the way in which they are presented or located on its servers.

Intellectual Property

The intellectual property rights of the e-commerce content, its graphic design and codes are the property of CMA and, therefore, their reproduction, distribution, public communication, transformation or any other activity that may be carried out with the e-commerce content is prohibited, even if the sources are not cited, unless CMA gives its written consent. All trade names, trademarks or distinctive signs of any kind contained in the company's e-commerce are the property of their owners and are protected by law.

Links

The presence of links in CMA’s e-commerce has merely informative purpose and in no case suppose suggestion, invitation or recommendation on the same.

Changes to this Privacy Statement

CMA will occasionally update this Privacy Statement to reflect new legislation or industry practice, group company changes and customer feedback. We encourage you to review this Privacy Statement periodically to be informed of how CMA is protecting your personal information.

This Privacy Statement applies to the websites located on the World Wide Web, including but not limited to, the following domains