General Terms & Conditions
The website autopowerhouse.com.au (hereinafter, “Web Site” or “Site”) is owned and operated by Alpha B Australia Pty Ltd, T/A Auto Power House Turbos (hereinafter “Alpha”). This Site is for your personal, non-commercial use only. The material contained within the Site is intended for residents of Australia only and shall only be construed and evaluated according to Australian law. This material is void outside Australia, and where prohibited by law or regulation.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Web Site, are subject to change at any time without notice. Alpha (collectively “we” or “us”), operates and owns this Web Site, and makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) concerning the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner and in accordance with our Warranty and General Terms and Conditions.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site and within these Terms and Conditions, and are actual Australian addresses ONLY. Shipment to Australian addresses takes between 2-4 working days on average. Shipments to WA and NT will add an additional 2 working days on average. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For detailed shipping information see the shipping Terms & Conditions relevant to each product.
For shipping outside Australia, please contact us for shipping prices and terms before purchase.
If you live in a location that requires custom duties and/or VAT taxes to be collected you understand that, unless custom duties and/or VAT taxes are collected at the point of sale by Alpha you remain entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to your instructions.
If, for any reason, Alpha’s courier or freight account is charged for custom duties and/or VAT taxes, instead of you paying the referenced charges directly, then you hereby authorize Alpha to bill your credit card, account or other for said charges or for the return of goods if they are refused at the point of destination.
Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current-ness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site
The viewing, printing or downloading of any content, graphic, form, or document from this Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
This Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Alpha.
You acknowledge that monetary damages may not be a sufficient remedy for the breach of this Agreement and that Alpha shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Terms of this Agreement by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed. You further agree to waive any bond requirement, which may be imposed in order for Alpha to obtain any injunction against you.
Auto Power House Turbos & Alpha and other names and logos appearing on or in connection with Web Site (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Alpha or their respective owners or licensees. Any use of the Marks, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
The Site may provide links to other World Wide Web sites or resources. Alpha has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Alpha Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Alpha Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Alpha with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Alpha nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to www.autopowerhouse.com.au. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Alpha.
Warranty & Returns
We recommend you read our Warranty, Terms & Conditions & Warranty policies prior to making a purchase, so you are familiar with our policy on refunds, returns and repairs and your rights under the Australian Consumer Law.
Please see the Warranty document for products sold here: Limited TURBOCHARGER 1 / 3 Year Warranty.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Alpha ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Alpha MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Alpha DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alpha DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Alpha ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Alpha WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notwithstanding any other provision of this Agreement, Alpha may in its discretion change, discontinue, modify, restrict, suspend or terminate the Web Site or any part of it without any notice or liability to you or any other person. Alpha may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Web Site without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Web Site is terminated for any reason, then this Agreement and all other then existing agreements between you and Alpha will continue to apply and be binding upon you regarding your prior access to and use of the Web Site and anything connected with, relating to or arising therefrom.
You agree to indemnify and hold Alpha, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Governing Law and Dispute Resolution
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
This site is administered by Alpha and any questions about the site should be directed to us at: info2″at”autopowerhouse.com.au
1. Consent for Collection, Use and Disclosure
A customer may withdraw his or her consent for collection, use and disclosure at any time by sending an email to info2″at”autopowerhouse.com.au
2. Purposes for Collecting Personal Information
Alpha collects and uses personal information for the following Identified Purposes:
1. to understand customer needs regarding products;
2. to develop and provide our web site and our products and services for our customers;
3. to fulfil your requests for products, or information;
4. to communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products available from alpha, and its affiliates;
5. to allow customers to access limited-entry areas of the web site;
6. to bill accounts and maintain payment records;
7. to comply with any applicable law, regulation, legal process or government request;
8. to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the site or any alpha product;
9. to protect the products or rights of alpha, including but not limited to the security or integrity of the site;
10. to identify and resolve technical problems concerning alpha products and services; and
11. to communicate with customers, special deals, discounts, coupons and to request feedback including review requests.
Alpha also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.
If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.
3. Limiting the Collection of Personal Information
Alpha limits its collection of personal information to only that information which is necessary for the Identified Purposes. Alpha does not direct its site to, nor does it knowingly collect any personal information from children under the age of thirteen.
Alpha does not store credit card details on it server. Card details are encrypted and securely passed through directly to the payment processor.
4. Disclosure, Processing and Retention
Alpha does not sell, rent or disclose your personal information to anyone else, except:
1. to someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 2, above);
2. to Alpha employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, suppliers and agents, acting on Alpha’s behalf for any of the Identified Purposes;
3. as necessary if Alpha has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with Alpha’s rights or property, other users of the web site or products, or anyone else that could be harmed by such activities; and
4. to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
In addition, as we continue to develop our business, we may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that Alpha or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
Your information may be stored and processed in Australia, or in any other country in which Alpha or its, subsidiaries or agents maintain facilities. By using this web site, you consent to any such transfer of information outside of your country.
After your account becomes inactive (that is, if you request to be removed from our database), Alpha will keep your personal information in its archives. Your information will then be used only as necessary for tax reasons or to prove Alpha’s compliance with any applicable law.
6. Accuracy of Personal Information
Alpha will use reasonable efforts to keep customer personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate customer decisions based on such information. Customers are responsible for informing Alpha about changes to their personal information. You can do this by sending an email to: info2″at”autopowerhouse.com.au. We will use new or updated personal information it receives from customers to update its own records.
7. Security Safeguards
Alpha will use reasonable efforts to protect customers’ personal information.
8. Access to Personal Information
Alpha will afford you a reasonable opportunity to review the personal information in your file, if you so request by emailing: info2″at”autopowerhouse.com.au.
Customers have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting Alpha as described above. Alpha will promptly correct such personal information.
9. Site Administrator
This site is administered by Alpha B Australia (ABN: 61539219437) and any questions about the site should be directed to us at: info2″at”autopowerhouse.com.au.