The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client,” “You” and “Your” refers to you, the person making use of our software and accepting the Mechanicsta terms and conditions. These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of our website http://www.mechanicsta.com.au (‘the Website’) and software and your relationship with Mechanicsta (‘we,’ ‘our’ or ‘us’). Kindly read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or use our software. If you have any questions regarding these Terms, kindly contact us.
We are registered company under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer or supplier(s) except if it’s legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are making reasonable notice available about of such request. Clients are must retain copies of any literature that is issued based on the provision of our services. We will never sell, share, or rent your personal information to any third party or make use of your e-mail address for unsolicited messages. Any emails sent by Mechanicsta will only in compliance with our services and products.
To the fullest extent that is legalized and permitted by law, Mechanicsta will:
1. Eliminates all representations and warranties that are in connection to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature.
2. Excludes all liability for damages which may arise out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
However, Mechanicsta does not exclude liability for death or personal injury which is caused by its negligence.
Mechinsta has all rights to disable account which fail to pay within 30 days of due payment and had the right to increase prices of the software in the near future.
The methods of payment that are acceptable are MasterCard and Visa. Our Terms are payment in full within thirty days for account holders, and everyone else is on the day of installation. All goods (hardware and software) remain the property of the Mechanicsta until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of Australia’s base rate on the outstanding balance until the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such cases, you shall be responsible for any additional administrative and/or court costs. We also reserve the right to remove our software and or hardware from your vehicle. Returned or failed payment will incur a $25 charge to cover banking fees and administrative costs.
Cancellation can be made at any time. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.
Our company and our Client have the right to terminate any Services Agreement with regards to any reason or whatever happens, including the completion of services. We will not offer any refunds if a Service is deemed to have begun and is, for all intents and purposes, ongoing. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
All advertising is intended solely for the Australian market. You are responsible for evaluating the suitability and appropriateness for a particular purpose of any downloads, programs and text that are available on our website. Redistribution or republication of any part of this site or its content is prohibited, which include framing, re-framing or any other means, without the express written consent of the Mechanicsta. Mechanicsta does not warrant that the service from this site will be constant, timely or error free, although it’s provided to the best capacity. By making use of our services you thereby indemnify our Company, its personnel, agents and affiliates against any loss or damage, in whatever manner, whatsoever caused.
SMS messages have a defined period before its expiration.
We make use of IP addresses to analyze trends, administer the site, track user’s behavior, and gather broad demographic information for collective use. IP addresses are not connected to personally identifiable information. Also, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
Copyright and other relevant intellectual property rights exist on all text, logos, pictures, graphs, relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Mechanicsta in Australia. The brand names and specific services of this Company featured on this website are trademarked.
We have different email addresses for different requests. These and other contact information can be found on our contact us page of this website through the Company’s stated telephone or mobile telephone numbers. This company is registered in Australia.
Our company will not be responsible for failure to perform in a timely manner when its failure results from events beyond its reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labor disputes whether of Mechanicsta employees or the employees of others. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable us to perform. Our company may, during any period of shortage due to any of the above circumstances, allocate its available supply of Products or Services among itself and its purchasers in such manner as clients, in its judgment, deems fair and equitable.
In the event of any default by customers, Mechanicsta may decline to ship Products or provide Services. No failure of Seller to insist upon strict compliance by customers with these terms and conditions or to exercise any right accruing from any default of customers shall impair Mechanicsta rights in case Purchaser’s default continues or in case of any subsequent default by Purchaser. Waiver by Mechanicsta of any breach by clients of these terms and conditions shall not be construed as a waiver of any other existing or future breach.
This agreement constitutes the entire agreement between Mechanicsta and you concerning the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or verbal. These terms and conditions are governed by and shall be construed by the laws of Australia without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. In the event of any dispute arising regarding these terms and conditions, whether in contract or tort or otherwise, the Australian courts will have non-exclusive jurisdiction over such dispute.
These Terms, and the Terms and Conditions form the whole basis of any agreement reached between you and us. We have the right to modify or change any of these terms and conditions as appropriate without notice and to take appropriate action, we deem such action necessary.