Terms and Conditions
HOLLANDERPARTS.COM.AU USER WEBSITE TERMS AND CONDITIONS OF USE
LAWS AND REGULATIONS
Access to, and use of the Site, is subject to all applicable Commonwealth, state and local laws and regulations. Users must not use the Site in any way that violates such laws or regulations.
When you give HOLLANDER content (whether or not it is displayed on or via the Site), you grant HOLLANDER a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, other intellectual property, proprietary and database rights you have in the content (as defined below), in any media known now or in the future, including but not limited to business purposes and disclosure to third parties. In the event User uses in any manner, the Parts listing (as defined below), selling or buying features of the Site, additional terms and conditions apply as set forth below. HOLLANDER shall have the sole right to use, recompile, reassemble, sell, and distribute data derived from the content.
COPYRIGHT AND TRADEMARKS
The information available on or through the Site is the property of HOLLANDER, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Except as set forth below, Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Site for its own or any third party’s commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of HOLLANDER or such third party that may own the Mark. All rights not expressly granted hereunder by HOLLANDER are expressly reserved to HOLLANDER and its licensors and information and content providers.
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
LINKS TO THIRD PARTY SITES
The Site contains links that will let you access other websites that are not under the control of HOLLANDER. The links are only provided as a convenience and HOLLANDER does not endorse any of these sites. HOLLANDER assumes no responsibility or liability for any material that may be accessed on other websites reached through the Site or on any Seller Profile page, nor does HOLLANDER make any representation regarding the quality of any Part, product or service contained at any such site or the accuracy and completeness of any information or listing presented therein.
LINKS FROM THIRD PARTY SITES
HOLLANDER prohibits unauthorised links to the Site and the framing of any information contained on the Site or any portion of the Site. HOLLANDER reserves the right to disable any unauthorised links or frames. HOLLANDER has no responsibility or liability for any material on other websites that may contain links to the Site.
THIRD PARTY PAYMENT SERVICES
Where available, you may link a PayPal account to your Account to pay for a Part you purchase through the Site’s PayPal interface. You acknowledge and agree that by doing so, you are bound by PayPal’s terms and conditions and HOLLANDER is not liable for any loss, claims or damages howsoever arising in connection with PayPal’s services. If you to link your PayPal account to your Account you appoint HOLLANDER as your limited agent to (a) provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and (b) receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.
When you link your PayPal account to your Account, HOLLANDER accepts its appointment as your limited agent to undertake those activities specified in the paragraph above. HOLLANDER’S appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account.
If you have a dispute with PayPal or a User that does not arise directly as a result of an error by HOLLANDER in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release HOLLANDER and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
HOLLANDER is not able to access your complete financial details from PayPal or your PayPal account. At no time does HOLLANDER hold any of the funds in respect of a transaction conducted through the Site using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal or other third party fees. PayPal’s terms and conditions apply to your use of PayPal when you access PayPal’s services from the Site, and you must agree to PayPal’s terms and conditions to use PayPal’s services. You acknowledge and agree that, to the extent permitted by law, HOLLANDER is not liable to you for any loss or damage you incur arising from your use of the Site’s PayPal interface.
INFORMATION ON THE SITE
User acknowledges that HOLLANDER is providing access to the Site to User solely for the purpose of buying alternative automotive parts (“Parts”). The Site is provided on an “as is” and “as available” basis. Each User uses the Site at its own risk. HOLLANDER and third parties periodically add, change, improve, or update the information and documents on the Site without notice. During maintenance or updating, the Site may be unavailable. User agrees that, at any time, including without prior notice, HOLLANDER may, in its sole and complete discretion, add, delete, or change any or all of the features or functions that are included in the Site. Users acknowledge that HOLLANDER is not an auctioneer or seller of Parts, and the Site is available to third parties to sell Parts. HOLLANDER is not involved in any transaction between third parties.
If you have a dispute in relation to a Part you purchase, you release HOLLANDER (and its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
ACCESS AND INTERFERENCE
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to HOLLANDER by its Users or third parties. Users must not use any robot, spider, scraper or other automated means to access the Site for any purpose without HOLLANDER’S express hand written permission.
Additionally, User must not:
(a) take any action that imposes or may impose (in HOLLANDER’S sole discretion) an unreasonable or disproportionately large load on HOLLANDER’S infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for the User’s own information) from the Site without the prior express written permission of HOLLANDER and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site, services, Parts listings or tools, or any activities conducted on or with the Site, services or tools; or (d) bypass HOLLANDER’S robot exclusion headers or other measures HOLLANDER may use to prevent or restrict access to the Site.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, HOLLANDER does not warrant and HOLLANDER excludes all liability in respect of the accuracy, quality, completeness, fitness for purpose or legality of any information accessed using the Site;
HOLLANDER excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature through the Site;
Users should not rely on any information accessed using the Site to make a purchasing decision. Users should make their own enquiries before forming their own opinion and taking any action based on any such information.
It is the responsibility of each User to ensure the Parts are sufficient and suitable for their purposes and meet their individual requirements. HOLLANDER does not warrant that the Parts purchased on the Site will meet any User’s individual requirements. Each User acknowledges that the Parts are standard and not made bespoke to fit any particular requirements of the User.
HOLLANDER has no control over, nor does HOLLANDER guarantee the quality, safety, existence, title to or function of any Part listed for sale on the Site or any User’s ability or motivation to complete transactions or return Parts.
Users shall indemnify and hold harmless HOLLANDER and its affiliates and their respective officers, directors, agents and employees against any liability, claim, loss, damage or expense (including reasonable legal fees), of every nature and kind in law or equity, related to, arising out of or in connection with (a) User’s breach of any of its obligations set forth herein; (b) any use, misuse or misappropriation of any information obtained from the Site in breach of any of User’s covenants, obligations or representations herein; (c) any failure of User to comply with any applicable laws or regulations regarding use of the Site, listings or transactions contemplated herein; and (d) sales, exchanges, transfers or use of Parts by or on behalf of any User or third party.
The security of information transmitted through the Internet can never be guaranteed. HOLLANDER is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorised Users only. Unauthorised access to such areas is prohibited and may lead to prosecution.
BUYING ALTERNATIVE AUTOMOTIVE PARTS ON THE SITE
If the User utilises the Parts buying features of the Site, the following terms and conditions apply:
Communication. The Site contains features to facilitate communication between Users that list Parts for sale on the Site (“Listing Users”) and buying Users (“Buying Users”), including phone, SMS messaging and email. All Users, by using the Site, agree to the use of their contact information for purposes consistent with the purposes of the Site. Listing Users are encouraged to promptly reply to any questions from Buying Users during the buying and delivery process. All communications between Users are to be professional. HOLLANDER reserves the right to terminate User access to communications through the Site at its sole discretion. Hollander reserves the right to contact Buying Users to solicit feedback regarding the Site and their overall experience with it.
Buyer satisfaction, returns, delivery errors and disputes.
Buying Users have the right to return purchased Parts as provided for under the Australian Consumer Law. Buying Users should contact Listing Users directly to exercise any rights they may have under the Australian Consumer Law. HOLLANDER assumes no responsibility for Parts or returns and Buying Users must work exclusively with Listing Users regarding returned items. All Users are encouraged to resolve claims and disputes within seven (7) business days. If unsuccessful, Listing Users can submit to HOLLANDER at “Admin@HollanderParts.com.au”, the following items: proof of delivery of the Part(s) in dispute; HollanderParts.com.au order number; and complete description of the Part(s) in dispute.
Listing User Ratings. Any ratings Buying Users submit to the Site should be fair, factual and related to the specific Parts purchase. Buying Users are encouraged to discuss and resolve, any concerns or issues relating to a transaction directly with Listing Users. Additionally, HOLLANDER reserves the right to utilise ratings as part of its search ordering prioritisation of Listing Users’ Parts listings.
(a) The User must give notice to HOLLANDER specifying the nature of the dispute (Dispute Notice).
(b) Within ten (10) Business Days after the Dispute Notice is given, (or such longer period as is agreed between the parties), the parties must negotiate in good faith and seek to resolve the dispute.
(c) If the dispute is not resolved within twenty (20) Business Days after the Dispute Notice is given (or such longer period as is agreed between the parties), the dispute must be referred to mediation administered by the Australian Disputes Centre (ADC) and conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time.
(d) If the dispute is not resolved within forty (40) Business Days after the Dispute Notice is given, (or such longer period as is agreed between the parties), either party may refer the matter to arbitration.
(e) The arbitration will be conducted in accordance with the ACICA Arbitration Rules which are current as at the date on which the Dispute Notice was given. The seat of the arbitration will be Melbourne, Australia, and the language of the arbitration will be English. The number of arbitrators will be one.
No provision in this “Disputes” section prevents either party from instituting proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a dispute. In respect of any such proceedings, the parties agree that:
(f) the Supreme Court of Victoria shall have exclusive jurisdiction in respect of those proceedings;
(g) such proceedings will be limited to the determination of an application for urgent injunctive, interlocutory or declaratory relief in respect of the dispute; and
(h) by agreeing to, or by taking action under this “Disputes” section, the parties do not intend to relinquish or otherwise adversely affect their rights to have disputes resolved in accordance with this “Disputes” section.