Terms and Conditions

References

Terms of Use

1. Terms and Conditions of Use
   These Terms and Conditions of Use apply to the entire contents of the Website and Service under the domain names www.mobilesourcegroup.com and ("Website") and the use of the Website under this “Agreement”. Please read these terms carefully before using this Website. References to “us,” “we,” “our” or similar derivations refer to Mobile Source Pty Ltd [ABN 47 603 089 532] and “OEM Pro”, the owner and operator of the Website and “user” ,“you” ,“your” refers to you the user or registered member. Your attention is in particular drawn to paragraphs liability and indemnity of these terms and conditions. Using this Website indicates that you accept these terms and conditions together with our Privacy Policy and all applicable laws and regulations regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website. We reserve the right to update and modify these terms and conditions at any time and your continued use is acceptance of any updated or modified terms. You should print a copy of these terms and conditions for future reference.

2. Legal Agreement
   This Agreement shall be a legal Agreement between you and us and it shall constitute the entire Agreement between you and us in relation to the Website and registration. It shall not include any terms and conditions of yours unless agreed to in writing by us. 

3. Use of the Website and Service
   You will be proving personal information as a User either through a registered account or as a guest. You acknowledge that we may edit or delete your registration or account if it does not adhere to the terms and conditions. As part of these Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy

4. Eligibility and Registration
   To be eligible for registration and use of the Website and Services you must:

• be at least eighteen (18) years of age;
• only register for the Website and Services for the intended purpose of these Services; and
• only register for the Website and Services legally pursuant to your state or country.
  
  Each registration is for a single User only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
  
  Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Responsibility for the security of any passwords rests with you. Account registration is free of charge.

5. Website and Service access
   While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. We give no warranties as to the availability, performance or accessibility of the Website.
   
   Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

6. Customer Responsibilities
   We will aim to provide the Website and Services as accurately and up to date as possible. By using these Services you the User irrevocably and unconditionally agree to not act in a way that may constitute:

• Illegal activities;
• Breach of any applicable laws;
• Violation of these Terms or our shipping policy;
• Accessing the Services via systems automation such as spambots or similar;
• Any such spam activities;
• Registering multiple accounts per one User;
• Using the Website in a way that could cause harm to others;
• Posting hateful, threatening or violent reviews; and
• Hacking or accessing the Website other than methods listed in these Terms.
  
  We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated.

7. Mobile Source Responsibilities
   It is our responsibility to provide the Website and Services in good working order for the purposes of User purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services. We will aim to provide the Website and Services compatible with most browsers, interfaces and website themes. However this may not always be possible on every reader and every version.
   
   We will provide access to tracking statuses via the web-shop and Services for you to track delivery of goods. A tracking status and number can be used to track delivery on the courier website.          

8. Orders and Acceptance Policy
   We may cancel or refuse orders based on certain conditions and pursuant to these Terms. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to cancel or refuse any order as part of this Service for any reason. To avoid double handling your payment will not be processed until we have verified the pending order. Such situations include but are not limited to nil quantities available, inaccuracies with the pricing in this Service or fraudulent identifications. If such a situation occurs we reserve the right to cancel the order and not fulfil the order requirements. We will contact you if your order is being reviewed, refused or cancelled or if further information is required to process the order. If your order is cancelled following processing of your payment we will issue a credit via that payment method. 

9. Shipping
   Mobile Source will only replace orders that are proven to be lost in transit by the delivery or courier company. Mobile Source will not be held responsible for goods delivered and accepted by a separate third party not connected to the Customer. Further we cannot accept responsibility for any items left unattended at the Customer delivery address.
   
   Certain factors such as order size, weight and shipping address may require us to ship via another method. Mobile Source reserves the right to change your shipping method in these cases and will provide tracking details for the new carrier once shipped.
   
   The delivery times provided by Mobile Source are estimates only. Mobile Source will not be held accountable for loss or damage relating to late deliveries and undelivered orders/items. Orders that are reported as not received/delivered despite tracking number confirmation of delivery confirmation are not eligible for replacement nor will compensation be granted unless proof of delivery failure can be provided. In the event that multiple items are ordered, separate part deliveries may be made when some of the ordered items are not available in stock or on backorder. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping pages.

10. Refund Policy
    Please refer to our Purchaser Terms and Conditions.

11. Warranty Policy
    Please refer to our Purchaser Terms and Conditions.

12. Product Review Policy
    Our Services included a product review section. These reviews are useful for other potential Users and customers. We aim to provide this service complementary for all Users and request you assist in following the below terms.
    
    Terms of product reviews included but are not limited to:

• Do not leave duplicate reviews;
• Do not post outside or irrelevant links in reviews;
• Do not use the review for self-promotion;
• Do not leave personal information or details;
• Do not leave hateful, harmful or hurtful reviews;
• Do not leave insulting reviews;
• Do not misspell products where possible; and
• Do leave sufficient details and honest review information;
  
  We reserve the right to:

• Edit or delete reviews as necessary;
• Request further information or proof;
• Verify if the User has actually used the product; and
• Suspend or delete a User account for breach of any of these Terms;

13. Intellectual Property
    We retain the ownership of all Intellectual Property rights in and to the Services and Website. This includes the business name Mobile Source and the tag line When reputation matters. All content that is contained within these Services are licensed to Mobile Source and includes all areas as defined above. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for User purposes in line with applicable laws and to print or electronically copy order summaries for the sole purpose of placing an order or for personal records for an order that has been placed with Mobile Source. Permission to use, distribute, or reproduce any content from Mobile Source for commercial purposes is strictly prohibited unless authorised by Mobile Source.
    
    You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Terms transfer the Intellectual Property Rights to the Services or Website. You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Services.

14. Intellectual Property of Third Parties
    Banner ads, click ads and other promotional material used in these Services may belong to third parties. As such these Terms and use of these Services do not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us via the contact form on our Website.

15. Liability
    The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
    
    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of goodwill;
• Wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  
  Nothing in these terms and conditions shall exclude or limit our liability for:

• death or personal injury caused by negligence; or
• fraud; or
• misrepresentation as to a fundamental matter; or
• any liability which cannot be excluded or limited under applicable law.
  
  If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.Any transmission of data to the Website is at your own risk. You accept the inherent security risks of providing information and dealing on line over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We will not be held responsible for any breach of security unless this is due to our negligence or wilful default. You must not use the Website or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.

16. Third Party Rights - Links and Advertisements
    Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
    
    We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.
    
    If you would like to create a link to this Website, you may only do so with our prior written consent.

17. Prices and Goods
    Prices displayed on our Website may be updated from time to time and may change without notice. However at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a receipt email notice is sent. All orders are immediately actioned at this point of sale. All prices listed are per the Order Confirmation and the shipping details in the Order Confirmation.
    
    All credit cards are charged in Australian Dollars unless indicated otherwise. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the order pursuant to these Terms. We can ship to a PO Box. Once we have dispatched the goods it is your responsibility to liaise with delivery and tracking systems to make a time for delivery if applicable. Correct?
    
    If you are accessing our Services via a third party the prices and availability may differ. Please assess these prices and availability along with any relevant terms and conditions when considering the Services.

18. Monitoring
    You acknowledge that we have no obligation to monitor the Services or Website. However you agree that we have the right to monitor the Services or Website and disclose any information necessary to satisfy any legal, regulatory or other government requires in line with our Privacy Policy. 

19. Commissions and Referral Policy
    As per industry standards we may from time to time pay commissions and referrals to third parties.

20. Product Descriptions
    Product descriptions and models on the Website may be updated from time to time. It is the Users responsibility to ensure they are purchasing the correct product. Product dimensions, net weights and shipping weights are estimates only. We are not liable for any delays that may occur through the supply chain and any such delays beyond our control will be subject to an extension of delivery time. Where an incorrect or insufficient delivery address is used there may be an additional redelivery fee. See our Return Policy for more information. 

21. Mutual No Exclusivity
    These Terms do not create an exclusive relationship between the parties. We are free to engage other Users and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others. 

22. Changes and Variations
    We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated Mobile Source terms and conditions. 

23. Termination and Breach of Terms
    We reserve the right to decline, suspend or terminate your User registration and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.
    
    Where we terminate your User registration and use or a part of the Service for a breach of these Terms by you, we will have no liability to you. Where we terminate your User registration for our own business reasons, we will refund you any costs and fees which have not yet been received. To the extent permitted by law, you will not otherwise be entitled to a refund of any costs and fees.

24. Disclaimer
    While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
    
    The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

25. Contact Disclaimer
    We may need to contact you based on the information that you provide us when placing an order. If we are unable to contact you or the information that you provide us is incorrect, we reserve the right to cancel the order. Mobile Source will not distribute, sell, or share your information and only uses it in relation to internal affairs. Please see the Privacy Policy page for additional clarification

26. Confidential Information
    You may be given a unique username and password to access the Website under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the Website as specific task and arrangement details occur between us and you. These details may include registration information and personal information. For more info on information storage see “Privacy Policy” on our Website.

27. Indemnity
    You agree to indemnify, defend and hold harmless Mobile Source Pty Ltd and OEM Pro, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
    
    In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services: 
    
    I release Mobile Source Pty Ltd and OEM Pro from all claims which I have, now or later against Mobile Source Pty Ltd and OEM Pro whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

• negligence;
• breach of contract;
• breach of statutory duty; or
• otherwise;
  
  suffered as a result of or in connection with my using the Website and Services.
  
  I indemnify and will at all times in the future indemnify Mobile Source Pty Ltd and OEM Pro against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.

28. Complaints and Disputes
    If you have any concerns or complaints regarding the Services, please report it to us via the contact form on our Website. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in Queensland, Australia. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

29. Privacy
    We will comply with applicable privacy and health legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Services and the other purposes set out in the statement.

30. Entire Agreement
    These Mobile Source terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.

31. Governing law and jurisdiction
    The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Queensland, and we and you each submit to the exclusive jurisdiction of those courts.

32. Severability
    If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

33. Assignment
    You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.

34. Waiver
    No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.