Terms and Conditions

The Garage Gate Remotes ABN 89 187 575 299

By using or accessing this site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then please do not use this site.

1. Terms of Use

Governing Law

Garage Gate Remotes controls and operates this web site from its offices within Australia. Our Terms of Use are governed by the laws of the State of Victoria. You and Garage Gate Remotes agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

Revisions of Terms of Use

Garage Gate Remotes may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Site Contents, Ownership & Use Restrictions

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

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 Garage Gate Remotes and its related companies, affiliates, licensors and licensees.

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:

• Placing an order with Garage Gate Remotes ; or
• Using this site as a shopping resource, provided that you do not modify the site and that Garage Gate Remotes retains 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 Garage Gate Remotes 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 trade mark (whether registered or otherwise) that is contained on this site or otherwise used by Garage Gate Remotes may be used without our prior, specific, written permission or that of the trademark owner.

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

Protecting Your Log on Details

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Garage Gate Remotes in connection with any use (whether authorised or unauthorised) of your user name or password. Garage Gate Remotes may suspend or cancel your account at any time without prior notice.

Security & Privacy

Garage Gate Remotes will comply with Garage Gate Remotes Privacy Policy. Garage Gate Remotes will not reveal your personal information to external organisations except for the purposes of fulfilling your order.

We Can Use Your Feedback

You grant Garage Gate Remotes an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Garage Gate Remotes 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 these transmissions for any purpose and without restriction or compensation.

General Prohibitions

You must not upload, 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 (e.g. 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 that require Garage Gate Remotes to take remedial action under any applicable industry code.

Indemnity

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

2. Buying Products from our Website

Ordering Goods

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.

Garage Gate Remotes may change the prices published on this website at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Garage Gate Remotes website, Garage Gate Remotes 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 site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

Garage Gate Remotes reserves the right to restrict sales to retail quantities when supplying resellers and distributors.

Purchasing & Payment

For each online order, you must pay:

• the applicable price for the relevant goods confirmed by Garage Gate Remotes; and
• the delivery and handling fee specified on the website at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to Garage Gate Remotes is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Purchasing & Payment section of firststartbatteries.com.au. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Garage Gate Remotes.

Delivery & Store Pickup

All orders placed through this website are subject to confirmation and acceptance by Garage Gate Remotes. We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If we request payment for increased prices, you may cancel the order by giving notice to Garage Gate Remotes, which must be received within seven days of the announcement of the increase.

Garage Gate Remotes or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available we will notify you of this as soon as possible. Anyone at the delivery address who receives the goods will be presumed to be authorised to receive the goods.

If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Garage Gate Remotes may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no one at the delivery address or no one of appropriate age to receive and pay for the order, Garage Gate Remotes may charge you additional delivery fees.

Title & Risk

Title to the goods purchased on this site does not pass from Garage Gate Remotes to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.

Returns Policy & Refunds

All product returns are subject to Garage Gate Remotes Warranty and Returns Policy, which forms part of these terms and conditions.

Product Information, Prices & Photos

Accessible capacity of hard drives may be less due to pre-installed software and recovery partitions. Up to 5GB used for recovery partition may be unavailable. Recovery discs not included with some brands of notebooks.

Garage Gate Remotes aims to include up-to-date pictures and specifications of all of the goods on this website. However, our picture and/or description of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.

Clearance Products

All Clearance products are sold on a No Returns basis as per our Warranty and Returns Policy, and are subject to these Terms & Conditions of purchase. Clearance products are either new, ex-demo, or have some minor cosmetic imperfection.

Due to the limited stock availability of clearance products, neither placement of an order, nor email confirmation that we have received your order, guarantees fulfilment of that order. Orders are processed on a first-come first served-basis and we will be considered to have accepted your order only by delivering the goods. If we cannot accept your order for any reason, we will notify you by telephone or email.

If your order is unsuccessful because the stock has been purchased by an order prior to yours, Garage Gate Remotes is not required to supply you with any alternative products and has no liability to you whatsoever.

Disclaimer of Liability

To the extent permitted by law, Garage Gate Remotes 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:

• The use, copying, or display of the contents of this site.
• Goods or services supplied by Garage Gate Remotes under these Terms of Use.
• A failure or omission on the part of Garage Gate Remotes to comply with its obligations under these Terms of Use.

Disclaimer of Warranty

Garage Gate Remotes 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. Garage Gate Remotes and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no 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 any 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, Garage Gate Remotes expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

Limitation of Liability

Our total liability to you (if any) in connection with this site, or with these Terms 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.
• The amount paid by you (if any).

Rights We Cannot Exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.

Termination

Your ability to purchase goods from this site may be terminated by Garage Gate Remotes at any time without notice. All restrictions, licences granted by you and limitations of Garage Gate Remotes liability will survive termination.