Terms and Conditions of Use Agreement of Website

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website, www.pitstoprecharge.com (referred to in this Terms and Conditions of Use Agreement as the Website), is owned and operated by Pit Stop Recharge Pty Ltd (ACN 145 328 703) ( Pit Stop Recharge, We or Us) on the World Wide Web.

We maintain the Website as a service to our customers (You), and by using the Website You are agreeing to comply with and be bound by the following terms and conditions of use. Please review the terms and conditions of this Agreement carefully, and check them periodically for changes. If You do not agree to the terms and conditions of this Agreement, You should not review any information contained on the Website or obtain any goods, services or products from the Website.

You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (the Agreement) with respect to the Website. This Agreement constitutes the entire and only agreement between Us and You with respect to the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, 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 Website, and You should review this Agreement prior to using the Website. If You do not agree with the content of this Agreement, or any future amendments to it, You should not use the Website. You will be required to expressly accept the terms and conditions of this Agreement in the event You become a member of the Website (which is required for purchases from the Website).

The content, organization, graphics, design, code, compilation and other matters related to the Website 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 Website, except as allowed by Paragraph 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

Pit Stop Recharge reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

    (a) Re-sold and/or re-distributed in any material form;
    (b) Stored in any storage media; and/or
    (c) Re-transmitted in any media,

without the prior written consent of Pit Stop Recharge.

By becoming an account holder, You confirm that the information provided by You on the Website is true and that You agree to abide by the Agreement. Your account may be terminated without notice if it is determined that false or misleading information has been provided, the Agreement has been violated or other abuses have occurred as determined by Pit Stop Recharge in its sole discretion. Pit Stop Recharge reserves the right to refuse any application for an account at its sole discretion.

The viewing, printing or downloading of any content, graphic, form or document from the Website grants You a limited, non-exclusive licence for use solely by You for Your own personal non-commercial use and not for republication, distribution, assignment, sublicence, sale, preparation of derivative works or other use provided that You do not remove any copyright and trade mark notices contained on the material.

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 non-commercial use.

Notwithstanding the above, You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

You must not use the Website to:

    (a) impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity (including where the Website requires You to register in order to use it);
    (b) post or transmit to or from the Website junk, obscene, indecent, pornographic, offensive, defamatory, unlawful, ethically objectionable or threatening electronic mail or “spam” to people who would not wish to receive mail from You;
    (c) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Website;
    (d) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
    (e) attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
    (f) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
    (g) collect, store, post, disclose or transmit personal data about other users;
    (h) email, post or transmit any material that You do not have a right to email, post or transmit (such as inside information or confidential information);
    (i) email, post or transmit any material that infringes the rights (including without limitation, copyright, patent, trade mark, trade secret or other proprietary rights) of any party; or
    (j) violate any applicable law, convention or regulation or the lawful requirements of any relevant authority or the orders of any court of competent jurisdiction.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without furthe notice to You.

You agree to indemnify, defend and hold Us and our partners, legal representatives, employees 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 wrongful or negligent use of the Website.

Your right to use the Website 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. You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Website and agree to accept responsibility for all activities that occur under Your username and password. You agree to notify Pit Stop Recharge immediately of any unauthorized use of Your password or any other breach of security.

1 Nothing in this Agreement purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying any of Your statutory rights and remedies, including under the Australian Consumer Law.

2 To the fullest extent permitted by law, Pit Stop Recharge disclaims any and all warranties, express or implied, regarding:

    (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked websites; and

    (b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked websites.

3 To the fullest extent permitted by law, Pit Stop Recharge will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:

    (a) acting, or failing to act, on any information contained, or referred to, on the Website and/or any of the linked websites; and

    (b) using or acquiring, or Your inability to use or acquire, any service or product contained, or referred to, on the Website and/or any linked websites.

4 To the fullest extent permitted by law, Pit Stop Recharge does not warrant, guarantee or make any representation that:

    (a) the Website, or the server that makes the Website available on the world wide web, are free of software viruses or other harmful components;

    (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

    (c) errors and defects in the Website will be corrected.

5 Pit Stop Recharge is not liable to You for:

    (a) errors or omissions in the Website or linked websites on the world wide web; and

    (b) delays to, interruptions of, or cessation of the services provided in the Website or linked websites,

whether caused through the negligence of Pit Stop Recharge, its employees or independent contractors or through any other cause.

6 To the fullest extent permitted by law, You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Website.

7 The negation of damages in this Agreement are fundamental elements of the basis of the agreement between us. This Website and the information would not be provided without such limitations.

The Disclaimers outlined in paragraph 8 may not apply to You in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.

However, to the fullest extent permitted by law, the maximum liability of Pit Stop Recharge under all circumstances, including, but not limited to, a breach of any guarantee or implied warranty or condition, is limited to the purchase price You pay for any goods, services or information. Pit Stop Recharge may, at its own discretion, do one or more of the following:

    If the breach relates to services:

      (a) supply the services again; or
      (b) pay the cost of having the services supplied again.

    If the breach relates to goods:

      (a) replace the goods or supply equivalent goods;
      (b) repair such goods;
      (c) pay the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

We reserve the right, and You authorize Us, to the use and assign all information regarding use of the Website by You and all information provided by You in any manner consistent with our Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
For the avoidance of doubt, Pit Stop Recharge and/or people authorized by Pit Stop Recharge may gather and process the information:

    (a) which You may provide when accessing the Website, such as Your name, address, email address and other personal information about You; and
    (b) regarding the way in which You use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

Pit Stop Recharge may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Pit Stop Recharge has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

The Website may contain links to other websites owned and operated by third parties which are not under the control of Pit Stop Recharge. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party websites, You do so at Your own risk.

All images are for reference only and should not be relied on when making the purchasing decisions. All purchasing decisions should be made based on the product descriptions.

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 the sole property of Pit Stop Recharge 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.

In order to keep Pit Stop Recharge account information current, if You do not access Your account for a period of 90 days or more, Pit Stop Recharge may, in its sole discretion, terminate Your account. Pit Stop Recharge will endeavor to notify You of intent to terminate Your account by notice to Your provided email address at least 7 days prior to deactivation. If You fail to respond to such email notice within 7 days after the day it is sent by Pit Stop Recharge, Your account will be terminated as noted above. Therefore, Pit Stop Recharge strongly recommends that You keep Your account and contact data current and in use. While Pit Stop Recharge desires to prevent active accounts from being terminated prematurely, Pit Stop Recharge has no obligation to maintain accounts that appear to Pit Stop Recharge to have been abandoned. You agree that failure to access Your account for 90 days or more conclusively indicates that Your account has been abandoned and that the account may therefore be terminated.

Pit Stop Recharge reserves the right to contact You via email or telephone to verify the accuracy of account information (including Your correct name and address) that is needed to provide You with the information or product or service You have requested from Pit Stop Recharge.

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

The failure by Pit Stop to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Pit Stop in respect of any existing or subsequent breach of this Agreement.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.

Terms and Conditions of Purchase

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions regulate the business relationship between You (You or Your) and Pit Stop Recharge Pty Ltd (ACN 145 328 703) (Pit Stop Recharge) for the purchase of goods and/or services through Pit Stop Recharge’s website. The Website Terms and Conditions of Use and Pit Stop Recharge’s Privacy Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Pit Stop Recharge shall be regulated by the terms and conditions outlined in this agreement.

In these terms and conditions:

    Agreement means these terms and conditions.
    Carrier means any person or business used by Pit Stop Recharge to deliver goods and/or services from Pit Stop Recharge to You, whether all or part of the distance of the delivery.
    Goods means any goods offered for sale by Pit Stop Recharge.
    Services means any services offered for sale by Pit Stop Recharge.
    Website means this website or any other website through which Pit Stop Recharge offers for sale the Goods and/or Services.
    Written Material means any informational material published by Pit Stop Recharge in any medium from time to time with a view to providing information to any customer or prospective customer of Pit Stop Recharge.

    2.1 Pit Stop Recharge shall accept orders placed by electronic transmission provided that You have registered as a user of the Website.

    2.2 Before an order is placed Pit Stop Recharge will provide You with a quote confirming the details of Your order including the price of the Goods and/or Services, the cost of delivery (if applicable) and the estimated date of delivery of Your order (if applicable).

    2.3 We deliver the Goods and Services Australia wide using Australia Post. Shipping costs are influenced by the size and weight of the order and Your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 2 business days. Shipping times are estimated at between 3-7 business days depending on Your location within Australia.

    2.4 Pit Stop Recharge will notify You by email within 2 business days if any Goods or Service is unavailable and offer an alternative item or a full refund.

    2.5 Receipt of full payment of Your order by Pit Stop Recharge is evidence of a binding and enforceable agreement between You and Pit Stop Recharge, and this Agreement can only be modified by written agreement between You and Pit Stop Recharge.

    2.6 If applicable, any Goods ordered by You from Pit Stop Recharge are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Pit Stop Recharge will retain title of the Goods until it has received payment in full for the Goods.

    2.7 All clerical errors are subject to correction and will not bind Pit Stop Recharge.

    3.1 The price of any and all Goods and/or Services contained in any Written Material of Pit Stop Recharge is subject to change from time to time at the sole discretion of Pit Stop Recharge. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax) as of 1 June 2012.

    3.2 Full payment of an order must be made and received by Pit Stop Recharge before the Goods and/or Services will be provided and/or delivered to You.

    3.3 Pit Stop Recharge agrees to pay banking charges by the receiving bank on payments to Pit Stop Recharge. All other fees and charges such as foreign transactions fees relating to any purchases made in a currency other than Australian dollars will be borne by You.

    3.4 You shall pay all sums due to Pit Stop Recharge under this Agreement by the means specified without any set-off, deduction or counterclaim.

    3.5 You represent and warrant that if You are purchasing something from Pit Stop Recharge 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 delivery fees and applicable taxes.

    3.6 When purchasing from Pit Stop Recharge, Your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL is the current industry standard. If You have any questions regarding our security policy, please contact Pit Stop Recharge using the details in clause 16.

    4.1 You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Pit Stop Recharge to enable Pit Stop Recharge to provide You with the Goods and/or Services ordered.

    4.2 Pit Stop Recharge agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.

    5.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order. You must ensure that someone is present to accept delivery of Your order.

    5.2 If Pit Stop Recharge is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Pit Stop Recharge shall notify You to arrange another date for delivery.

    5.3 If the Goods ordered are not available to be delivered all at once, Pit Stop Recharge may, at its discretion and on its selected terms and conditions, give You the option to receive the Goods ordered in instalments. If You accept this offer by Pit Stop Recharge, You must ensure that someone is present to accept delivery of each instalment of Your order.

    6.1Pit Stop Recharge has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, You have no right and are unable to cancel, refund and/or modify Your order. Pit Stop Recharge does not offer refunds simply in the event You change Your mind or make a wrong decision.

    6.2 Notwithstanding clause 6.1, Pit Stop Recharge agrees to replace any Goods and/or Services purchased from Pit Stop Recharge that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Pit Stop Recharge promptly after becoming aware of this. Should this occur, Pit Stop Recharge may request proof of this alleged fault and/or defect as a condition of any refund.

1 Nothing in this Agreement purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying any of Your statutory rights and remedies, including under the Australian Consumer Law.

2 To the fullest extent permitted by law, Pit Stop Recharge disclaims any and all warranties, express or implied, regarding:

    (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked websites; and

    (b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked websites.

    2 To the fullest extent permitted by law, Pit Stop Recharge disclaims any and all warranties, express or implied, regarding:

3 To the fullest extent permitted by law, Pit Stop Recharge will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:

    (a) acting, or failing to act, on any information contained, or referred to, on the Website and/or any of the linked websites; and

    (b) using or acquiring, or Your inability to use or acquire, any service or product contained, or referred to, on the Website and/or any linked websites.

4 To the fullest extent permitted by law, Pit Stop Recharge does not warrant, guarantee or make any representation that:

    (a) the Website, or the server that makes the Website available on the world wide web, are free of software viruses or other harmful components;

    (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

    (c) errors and defects in the Website will be corrected.

5 Pit Stop Recharge is not liable to You for:

    (a) errors or omissions in the Website or linked websites on the world wide web; and

    (b) delays to, interruptions of, or cessation of the services provided in the Website or linked websites,

whether caused through the negligence of Pit Stop Recharge, its employees or independent contractors or through any other cause.

6 To the fullest extent permitted by law, You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Website.

7 The negation of damages in this Agreement are fundamental elements of the basis of the agreement between us. This Website and the information would not be provided without such limitations.

You indemnify and hold Pit Stop Recharge harmless in respect of any and all loss or damage suffered by Pit Stop Recharge, and any claims or demands that may arise against Pit Stop Recharge relating to or in connection with Your wrongful or negligent use of either the Website or any Goods or Services purchased from Pit Stop Recharge using the Website.

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.

The failure by Pit Stop Recharge to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Pit Stop Recharge in respect of any existing or subsequent breach of this Agreement.

In the event of a dispute arising out of or in connection with these terms or any contract between You and Pit Stop Recharge, then You agree to attempt to settle the dispute by engaging in good faith with Pit Stop Recharge in a process of mediation before commencing any arbitration or litigation.

Pit Stop Recharge is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Pit Stop Recharge to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Pit Stop Recharge and no such failure shall entitle You to terminate this Agreement.

This Agreement constitutes the entire agreement between You and Pit Stop Recharge for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.

Any variation to this Agreement shall be effective only if accepted in writing by Pit Stop Recharge.

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.

You can contact Pit Stop Recharge by calling +61 2 8556 8670 between 9am and 5pm EST Monday to Friday, or by sending an email to support@pitstoprecharge.com.