Conditions of Use
Terms and
Conditions of Use Agreement
PLEASE READ THE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a
service to our customers, and by using our site you are agreeing to comply with
and be bound by the following terms of use. Please review the following terms
and conditions carefully, and check them periodically for changes. If you do
not agree to the terms and conditions, you should not review information or
obtain goods, services or products from this site.
PLEASE NOTE: YOU
MUST BE 18 YEARS OLD OR OLDER AND AN AUSTRALIAN RESIDENT IN ORDER TO
PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
- Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks, registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
- Fraud: By becoming a member, you confirm that
the information provided in this form is true and that you agree to abide
by the Terms and Conditions of use of this site. Please note that your
membership can be cancelled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions of use
have been violated, or other abuses have occurred as determined by “ULTREX
PERFORMANCE” in its sole discretion. If membership has been
revoked, “ULTREX PERFORMANCE” reserves the right to refuse
application or readmission to the membership program.
- Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other
content appearing on the Site, including this Agreement, without further
notice to users of the Site.
- Indemnification. You agree to indemnify,
defend and hold us and our partners,lawyers, staff and affiliates
(collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable legal fees, related to
your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is
not transferable. Any password or right given to you to obtain information
or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
- Limits. All responsibility or liability for any
damages caused by viruses contained within the electronic file containing
the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT
FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay for
any goods, services or information.
- Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information regarding Site
uses by you and all information provided by you in any manner consistent
with our Privacy Policy.
- Third-Party Services. We allow access to or
advertise third-party merchant sites ("Merchants") from which
you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy is
available to be viewed on our website. It may change from time to time and
is part of this Agreement.
- Payments. You represent and warrant that if you
are purchasing something from us or from our Merchants that (i) any credit
card information you supply is true, correct and complete, (i) charges
incurred by you will be honored by your credit card company, and (iii) you
will pay the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
- Securities Laws. This Site may include
statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products or
services, as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas,
notes, concepts and other information you may from time to time send to us
(collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence
on our part. Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Shipping. Ultrex Performance uses an integrated automatic shipping calculation system. On occasions this system may incorrectly calculate the freight rate. If this occurs, we reserve the right to recalculate the shipping cost to the correct level and will contact you to advise the correct rate. Should this occur and you do not wish to proceed with the transaction, we will happily terminate your order and refund any monies paid.
- Pricing. On rare occassions, our web site may
display incorrect pricing for a product. If this occurs, we reserve the right to re price and re invoice the correct price for the item. Should this occur and you do not
wish to proceed with the transaction, we will happily terminate your order
and refund any monies paid. Ultrex Performance also reserve the right to cancel any transaction, at any time, with or without reason. If this occurs, any paid monies will be refunded in full.
- Items Out Of Stock. Ultrex Performance normally has stock of all items listed on our website. However should we run out of stock of an ordered item, we will contact you to advise the ETA and will happily refund your monies should you not wish to proceed with the order.
- Return Policy. Products may be returned ONLY
if they are faulty or have been damaged during shipping. You must apply
to ULTREX PERFORMANCE to return any product within 24 hours
of delivery clearly explaining the problem with the product. You will be
required to return the product at your cost to ULTREX PERFORMANCE
via insured shipping within 7 days for our inspection and evaluation. Only
products in completely original condition and AS NEW will be
considered for return. Products that have been installed, mounted,
scratched, or appear used in any way and are no longer AS NEW and
in original packaging will not be accepted for return. . Upon receipt, we
will inspect the product and if deemed faulty, the item will be replaced.
If the item is deemed not faulty, you will be required to pay for the
return shipping before the item is returned. No refund is available under
any circumstances on shipping costs
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURT OF WESTERN AUSTRALIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT ULTREX PERFORMANCE IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by “ULTREX PERFORMANCE”. As such, the laws of “WESTERN AUSTRALIA” will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Lapsed Accounts: In order to keep “ULTREX PERFORMANCE” membership roster current, if a Member does not access his or her account for a period of “30” days or more, “ULTREX PERFORMANCE” may, in its sole discretion, terminate such Member's account. “ULTREX PERFORMANCE” will endeavor to notify a Member of “ULTREX PERFORMANCE” intent to terminate such Member's account by notice to such Member's provided email address at least “3” days prior to deactivation. If the Member fails to respond to such email notice with “2” days after the day it is sent by “ULTREX PERFORMANCE”, such Member's account will be terminated as noted above. Therefore, “ULTREX PERFORMANCE” strongly recommends that all Members keep their accounts and contact data current and in use. While “ULTREX PERFORMANCE” desires to prevent active accounts from being terminated prematurely, “ULTREX PERFORMANCE” has no obligation to maintain accounts that appear to “ULTREX PERFORMANCE” to have been abandoned. Each Member agrees that failure to access his or her account for “30” days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
- Verify Member's Address. "Ultrex Performance" reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from "Ultrex Performance".
