Terms and Conditions
HOLLANDERPARTS.COM.AU USER WEBSITE TERMS AND CONDITIONS OF USE
HOLLANDER INTERNATIONAL PTY LTD, a Solera Company, (“HOLLANDER”) provides information and services on its HollanderParts.com.au World Wide Web site (the “Site”) under the following terms and conditions (“Terms of Use”). By accessing and/or using the Site, you (a “User”) indicate your acceptance of these Terms 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.
ACCOUNT
To access and use some of the features of the Site, Users may need to register with HOLLANDER and set up an account (“Account”). Users are responsible for maintaining the security of any password, user ID, or other form of authentication or Account information involved in obtaining access to password protected or secure areas of the Site. Users are solely responsible for all activities undertaken by their Account. To protect Users and their data, HOLLANDER may suspend a User’s use of the Site, without notice, pending an investigation, if any breach of security is suspected. Hollander may, at its discretion refuse, delete or take down content it believes is inappropriate or in breach of these Terms of Use. Hollander may also, at its discretion, restrict a user’s usage of the Site either temporarily or permanently, or refuse a User’s registration for any reason.
CONTENT
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.
TAMPERING
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
This provision prevails over all other provisions in these Terms of Use, and, to the maximum extent permitted by law, states HOLLANDER’s entire liability, and the User’s sole and exclusive remedies: (a) for the performance, non-performance, purported performance or delay in performance in respect of these Terms of Use, the Site or an agreement made under these Terms of Use (or any part of it or them); or (b) otherwise in relation to these Terms of Use or the entering into or performance of these Terms of Use.
Nothing in these Terms of Use excludes or limits the User’s statutory rights as a consumer or HOLLANDER’S liability for: (a) HOLLANDER’S fraud; (b) death or personal injury caused by a breach of HOLLANDER’S obligations arising from the express or implied terms of these Terms of Use to take reasonable care or exercise reasonable skill or from a common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); (c) any breach of any of HOLLANDER’S obligations that are implied by law; or (d) any other liability which cannot be excluded or limited by applicable law.
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.
To the maximum extent permitted by law, in no event shall HOLLANDER, its affiliates and related entities or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, any services provided by HOLLANDER, or these Terms of Use.
HOLLANDER’S total Liability in respect any services it may provide under these Terms of Use is limited to, supplying the services again, or the payment of the cost of having the services supplied again.
INDEMNITY
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.
PRIVACY
Personal Information is information or an opinion an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. The User must not submit Personal Information to the Site unless requested to do so by HOLLANDER. Protecting the privacy of our clients and Users of our Site is important to HOLLANDER. The HOLLANDER Web Site Privacy Policy describes how HOLLANDER uses and protects information Users provide to us. Please review HOLLANDER’S Privacy Policy as it also governs User’s use of the Site.
SECURITY
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.
Content. Content includes all data and information that is inputted by a User and submitted via the Site. Users represent and warrant that they have all rights necessary to grant HOLLANDER the content usage rights conferred under these Terms of Use and agree to indemnify Hollander for any breach of the warranty contained herein. Users represent and warrant that the content they provide in connection with the Site’s services does not and will not violate any statute, ordinance, regulation, or law, and is not and will not be defamatory or obscene, does not and will not infringe the rights of any third party, and does not and will not contain any virus, worm, Trojan horse, time bomb, or any other computer programming routine that may damage, slow, or detrimentally interfere with any system, data, or information.
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.
Fees. HOLLANDER will not be responsible for payments or non-payments for Parts purchased by Buying Users. HOLLANDER reserves the right to terminate the account of any User engaging in any activities or behavior designed to reduce, eliminate or wrongly affect fees due to PayPal and HOLLANDER pursuant to these Terms of Use.
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.
Compliance with Laws. All Users of the Site are responsible for their own compliance with all applicable laws, including export laws, relating to their use of the Site and the transactions contemplated herein. HOLLANDER accepts no responsibility for a User’s failure to comply with applicable law. All Users of the Site will indemnify and hold harmless HOLLANDER from any and all claims by the User, third parties or other Users, arising out of or related to User’s use of the Site in contravention of applicable law or these Terms of Use.
GENERAL
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. In HOLLANDER’S sole discretion, it may assign these Terms of Use. Headings are for reference purposes only and do not limit the scope or extent of such section. HOLLANDER’S failure to act with respect to a breach by User or others doesn’t waive HOLLANDER’S right to act with respect to subsequent or similar breaches. HOLLANDER does not guarantee it will take action against all breaches of these Terms of Use. HOLLANDER may amend these Terms of Use at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. These Terms of Use may not be otherwise be amended except in writing hand signed by HOLLANDER and a User. For the purposes of this provision, “writing” does not include an email message and a signature does not include an electronic signature. These Terms of Use set forth the entire understanding and agreement between HOLLANDER and Users with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: “Buyer satisfaction”, “Returns, delivery errors and disputes”, “Limitation of Liability”, “Transmission of Personal Information” and “Disputes”. To the extent permitted by applicable law, all claims of any kind which a User may have against HOLLANDER, whether in contract, tort, or otherwise, including, but not limited to, fraud and rescission, that arise out of or relate in any way to these Terms of Use, shall be brought by the User within one (1) year after arising.
DISPUTES
A User claiming that a dispute has arisen between the User and HOLLANDER under or in connection with these Terms of Use or any agreement created under these Terms of Use must not commence legal proceedings in respect of the dispute unless and until it has first complied with the following:
(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.