DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY TO THIS WEBSITE, YOUR USE OF THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEBSITE; AND LIABILITY (INCLUDING FOR NEGLIGENCE) TO YOU OR ANYONE ELSE IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE), COSTS AND EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU ARISING FROM OR IN CONNECTION WITH ANY USE OF THE INFORMATION, PRODUCTS OR SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEBSITE FOR ANY REASON WHATSOEVER (INCLUDING NEGLIGENCE).
IN THE EVENT THAT TERMS, CONDITIONS OR WARRANTIES ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, THEN THOSE TERMS CONDITIONS OR WARRANTIES ARE INCLUDED HOWEVER OUR LIABILITY IS LIMITED AT OUR OPTION TO ONE OR MORE OF THE FOLLOWING.
IN THE CASE OF THE SUPPLY OF GOODS:
- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS
- THE PAYMENT OF THE COST OF REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS
- THE REPAIR OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OF GOODS; AND IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN OR
- PAYING THE COST OF SUPPLYING THE SERVICES AGAIN.
You agree to indemnify us and our partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this website.
If in our reasonable opinion you fail to comply with any of these terms and conditions of use of this website, we may terminate or limit your access to this website.
Any legal issues arising out of the use of this website will be governed by the laws of Victoria, Australia and by using this website you submit to the jurisdiction of the courts of that state.
This Privacy Statement forms part of our Terms and Conditions for use of this website. From this point forth, PERFORMANCE BATTERIES will be referred to as “PERFORMANCE BATTERIES“.
Copyright, Trademarks and Licence
Material on the PERFORMANCE BATTERIES website is Copyright © PERFORMANCE BATTERIES. All photography is copyright PERFORMANCE BATTERIES and may not be reproduced without permission. Unless otherwise indicated on the PERFORMANCE BATTERIES website, the material on the PERFORMANCE BATTERIES website is owned by or licensed to PERFORMANCE BATTERIES is subject to copyright (the “Copyright Material”). You may:
- Only copy or reproduce the Copyright Material for the purpose of browsing the PERFORMANCE BATTERIES website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- Not alter or modify the Copyright Material or remove any legal notice associated with it.
PERFORMANCE BATTERIES provides the following privacy statement:
PERFORMANCE BATTERIES is bound by the National Principles under the Privacy Act 1988. A copy of the National Principles are available for your perusal at our premises or you may access a copy from the Office of the Federal Privacy Commissioner.
Please read this Privacy Statement carefully. The purpose of this Statement is to inform you about our collection and use of personal information so that you can make informed choices about how your own information is collected and used.
About this Privacy Statement
PERFORMANCE BATTERIES is committed to maintaining the privacy and accuracy of your personal information and to protecting information from loss, misuse, unauthorised access, alteration and destruction.
PERFORMANCE BATTERIES complies with the Commonwealth Privacy Act 1988 in relation to the management of personal information.
This Privacy Statement applies to your use of the website of PERFORMANCE BATTERIES at www.PerformanceBatteries.com.au
This includes utilising any of our facilities via this website.
When you use this website, our Internet Service Provider (”ISP”) will record and log for statistical purposes the following information about your visit:
- your server address and top level domain name (eg. .com, .gov, etc),
- the date and time of your visit,
- when entering from another website, the address of that website,
- the pages and documents you access during your visit, and
- The type of browser you are using.
This information is collected through the use of “cookies” (see below).
We will not attempt to identify individual users and we will not collect personal information unless you provide it to us.
If you request information or provide feedback about any of our vehicles, products or services you will be asked to provide contact details and a mailing address.
We do not collect information about political or religious beliefs, ethnic background or sexual preferences.
Use and Disclosure of Information
Our goal is to use the information you provide to better understand your requirements and provide information to you on products and services that are most relevant to you.
Unless you have instructed us not to do so, personal information may be shared within PERFORMANCE BATTERIES and to third parties who provide us with certain services. These third parties are required to keep your information confidential and use it only for the purposes for which we are permitted to use it.
PERFORMANCE BATTERIES undertakes not to disclose, sell, rent or trade your personal information. We are obliged however to allow law enforcement agencies and other government agencies with the relevant legal authority to inspect our ISP logs if there is an investigation.
Personal information you have provided along with your particular request for information could be forwarded to our mail house or our head office for follow up of your request by mail, email or telephone.
Information may be used by PERFORMANCE BATTERIES for marketing and product analysis. This may include the forwarding of publications and information about special offers, new products or competitions to you by post or by email.
At PERFORMANCE BATTERIES our goal is to ensure that your personal information is accurate, complete and up-to-date. Please contact us if personal information we hold about you is incorrect or has changed and we will use all reasonable efforts to update the information.
At PERFORMANCE BATTERIES, security is a priority. We use technologies and processes such as access control procedures, network firewalls and encryption to protect the security and privacy of information travelling to, from and within our website.
Accessing and Modifying
Should you wish to have access to the personal information we hold about you, please contact us. A fee may apply to such access. Access will be limited to the information you have provided.
A “cookie” is a device that allows our server to identify and interact more effectively with your computer. Cookies do not identify individual users, but they do identify your ISP and your browser type.
This website uses temporary cookies. This means that upon closing your browser, the temporary cookie assigned to you will be destroyed and no personal information is maintained which might identify you at a later date.
We do not disclose domain names or aggregate information to third parties other than to those who assist us with this website and who are under strict confidentiality obligations.
You can configure your browser to accept or reject all cookies and to notify you when a cookie is used. We suggest that you refer to your browser instructions or help screens to learn more about these functions. However, please note that if you configure your browser so as to not receive any cookies, a certain level of functionality of this website and other websites may be lost.
Changes to the Statement
PERFORMANCE BATTERIES may make changes to this Privacy Statement from time to time for any reason. We will publish those changes on our website.
If you would like further information about our Privacy Statement and the management of your information or if you think we have breached any aspect of this Privacy Statement, please contact us using the Contact link at the top of the website.