Terms and Condition

Terms and Conditions of Use 

1. Acceptance of terms and conditions:

A. These Terms and Conditions constitute a legally binding contract between the user (“you” and “us, we, our, system, services”) PRIMESTAR AUTO PTY. LTD. (ABN 90685408422) and its related companies trading as Primestar Automotive and Primestar Auto Parts (“we”, “us”, “our”) are apply to your use of our nature of business, services, products, and system/s.

B. Usage of our product and services which may include but are not limited to the branded systems (collectively, “the Systems”), are designed to provide you with an online automotive parts replacement catalog and product ordering system, which may include but are not limited to product information, pricing, and availability, enabling ordering any time of the day.

C. You will be deemed to have accepted these terms and conditions upon your use of our System/s. If you do not agree with these terms and conditions, you must not use, copy, or install any of the System/s, and must immediately delete any copies of the System/s and return any associated documents to us.

D. We do not guarantee that the Systems, or any content on the Systems, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Systems for business, operational, security or compliance reasons. We will make all reasonable efforts to give you notice of any suspension, withdrawal, or restriction.

E. Collection of any information you provide us via use of the Systems will be held by us in accordance with our Privacy Policy.

2. Your account

A.  Access to the Systems is subject to your satisfaction of certain qualifying criteria, as may be detailed to you from time to time.

B. If we provide the services like: (Paid Service). The Systems may include functionality that is “pay for use” (“Paid Service”). If you use a Paid Service, you must pay to us the subscription fee in such intervals as detailed when you subscribe for the Paid Services. Use of the Paid Services is governed by any terms and conditions accepted in connection with such Paid Service, and otherwise by these terms and conditions. 

C. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

D. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.

E. You are responsible for: (a) supervising and controlling access and use of the Systems by any of your employees, agents, subcontractors; and (b) ensuring that all persons who access the Systems through your internet connection are aware of these terms and conditions, and that they comply with them.

F. In your use of our Systems, you must not: 

(a) act in any manner that could disable, overburden, damage, or impair the Systems or interfere with any other party's use of the Systems, including their ability to engage in real time activities; 

(b) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 

(c) attempt to gain unauthorised access to, interfere with, damage or disrupt any part(s) of the Systems, the server on which the Systems are stored, or any server, computer or database connected to the Systems; 

(d) attack the Systems via a denial-of-service attack or a distributed denial-of service attack; or 

(e) otherwise attempt to interfere with the proper working of the Systems.

(g) We may report any of the activities as detailed in clause 

(h) to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Systems will cease immediately.

3. Intellectual Property 

3.1 We are the owner or the licensee of all intellectual property rights in the Systems, and of the material published on it including any associated documentation or material (“Associated Documents”), and we (or the intellectual property rights owner from whom we licence intellectual property) retain all rights in relation to the Systems and Associated Documents.

3.2 You are granted a non-exclusive, non-transferrable licence to use the Systems and Associated Documents solely for the purposes of parts interpretation and ordering decisions concerning your business, and facilitate the preparation of quotations and ordering of automotive parts for your customers or as otherwise contemplated by these terms and conditions.

3.3 The licence granted to you under clause 3.2 may not be assigned, transferred, sub-licensed or dealt with any in way without our prior written consent, which may be withheld at our discretion.

3.4 You must not: 

(a) copy, distribute, reproduce, modify, translate, adapt, vary, reverse engineer, decompile or disassemble any of Systems and Associated Documents or create derivate works based on the Systems and Associated Documents; 

(b) use any spider, scraper, robot or other automated means to access the Systems and Associated Documents for any purpose whatsoever; 

(c) attempt to interfere with the proper working of the Systems; or (d) use the Systems in any way contrary to reasonable directions that we provide from time to time.

4. No Guarantee

4.1 Although we make reasonable efforts to maintain accurate information on the Systems, we make no guarantees, representations, or warranties, whether express or implied, that the content included in the Systems is accurate, complete, or up-to-date.

4.2 You acknowledge that any information in the Systems (including, but not limited to product pricing and availability) is indicative only. You can contact us to obtain current prices and availability prior to placing any order. The product prices charged by us for products you order will be those applicable at the time we accept the order, and will be subject to availability.

4.3 Where the Systems allow you to submit an order to us, your submission, and our receipt of an order through the Systems does not constitute acceptance of the order. All orders placed through the Systems (including all details and prices of goods and services), must be confirmed by us to you before an order is consider to be accepted.

4.4 All content included in the Systems, including without limitation parts recommendations, diagnostic and/or installation advice, is provided for general information only and it is not intended to amount to advice on which you should rely.

4.5 We do not guarantee that the Systems will be secure or free from bugs or viruses, and you are responsible for configuring your technology to access the Systems.

4.6 For the avoidance of doubt, the Systems will be provided "as is" and do not make any express warranties in relation to the Systems, including that the Systems are error-free or that it’s use will be uninterrupted, or that it will be fit for any particular purpose

5. Warranties and Liability

5.1 Subject to clause

5.2, We, our affiliates or their licensors, service providers, employees, agents, officers, or directors:

(a) exclude all representations, warranties, terms, and conditions, whether express of implied, except as expressly set out in these terms and conditions; and 

(b) will not be liable to you for damages of any kind, arising out of or in connection with your use, or inability to use, the Systems, any services linked to it (including without limitation parts recommendations, diagnostic and/or installation and/or repair related information), or any content on the Systems, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise. 

Nothing in the preceding clause affects any liability which cannot be excluded or limited under applicable law. Where our liability cannot be excluded, we fully limit our liability permitted by law.

5.3 You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) (collectively, “Losses”) that we suffer or incur arising out of or relating directly to your breach of these terms and conditions or your use of the Systems, including but not limited to your use of any information obtained from the Systems and any use of the Systems’ content, other than as expressly authorised in these terms and conditions. The indemnity in this clause applies to the extent the Losses were not caused by a breach of these terms and conditions by us or our contractors.

6. Suspension and Termination 

6.1 We have the right to suspend or terminate your access to the Systems, including by way of disabling any user identification code or password, at any time, if in our reasonable opinion:

(a) you have failed to comply with any of these terms and conditions; 

(b) we have a right to terminate any other agreement with you; 

(c) any amount you owe to us under any other agreement is not paid by its due date; 

(d) you become insolvent or subject to any form of administration or otherwise threaten to become insolvent, you cease to conduct business or your ultimate parent entity changes; or 

(e) anything happens which might lead to unauthorised disclosure of our Confidential Information (as defined in clause 7).

6.2 On expiry or termination of these terms and conditions, you must destroy all copies of the Systems and all Associated Documents.

6.3 Termination does not affect any rights or remedies which we may have otherwise under these terms and conditions or at law.

6.4 We reserve the right to monitor and track your login information on the Systems to ensure it is being used in accordance with these terms and conditions. Any usage flagged as being in breach of these terms and conditions may result in your access to the Systems being revoked. 

7. Confidentiality

7.1 Confidential Information means: 

(a) all information contained in and accessible via use of the Systems (including the Associated Documents), including but not limited to: (i) part numbers; (ii) part number application by vehicle specific criteria including make and model; (iii) pricing, including retail and recommended retail prices (if applicable); (iv) product brand information; (v) pictures, schematics, technical data, specifications and dimensions relating to parts; (vi) Systems’ features and training documentation; and (vii) any commercially sensitive information in relation to us, including inventory levels in our stores and distribution centres 

(b) all source code and object code of the Systems.

7.2 You must not disclose any Confidential Information to any third party except: (i) as required by law; or (ii) where the Confidential Information can be demonstrated to have been in the public domain at the time of the disclosure other than as a result of a breach of these terms and conditions; or (iii) with our prior written consent which can be given or withheld in our discretion. 

7.3 You acknowledge that the Systems, the Associated Documents and the Confidential Information are our unique and valuable proprietary asset, and any unauthorised disclosure may cause irreparable damaged.

7.4 You agree that we may seek to enforce the terms regarding confidentiality, including application to the applicable court for appropriate equitable remedies (including seeking injunctive relief) with respect to breaches of these terms and conditions, in addition to such other remedies that we may have under applicable laws. 

8. General

8.1 Any purchases made via the Systems are governed by: (a) our terms of sale; (b) any credit application between us and you; (c) any other written agreement in place between us and you, (to the extent applicable).

8.2 These terms and conditions are governed by the laws of Federal government of Australia and both parties submit to the non-exclusive jurisdiction of the courts of Australia.

8.3 These terms and conditions represent the complete agreement concerning the use of our services and our systems between you and us.

8.4 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

8.5 We may amend these terms and conditions on written notice to you. Every time you use our services, products, and systems, please check these terms and conditions to ensure you understand and accept any changes.

8.6 Our failure to enforce any of the terms of these terms and conditions shall not be construed or deemed to be a waiver of our rights under these terms and conditions.

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