This Website: Terms of Use
Accessing, viewing and/or using this website in any way constitutes accepting these terms of use.
Active Air Spares and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Active Air Spares, you accept these conditions. Please read them carefully. In addition, when you use any current or future Active Air Spares service or visit or purchase from any business affiliated with Active Air Spares, whether or not included in the Active Air Spares website, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS:
When you visit Active Air Spares or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT:
Any and all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Active Air Spares or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Active Air Spares and protected by international copyright laws. All software used on this site is the property of Active Air Spares or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS:
Active Air Spares grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Active Air Spares. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Active Air Spares. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Active Air Spares and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Active Air Spares' name or trademarks without the express written consent of Active Air Spares. Any unauthorised use terminates the permission or license granted by Active Air Spares. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Active Air Spares so long as the link does not portray Active Air Spares, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Active Air Spares logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT:
This Website is live online and as such viewing by users in general is on a retail user basis. The facility to place orders and view account specific pricing is restricted to prearranged user access through an existing Active Air Spares debtor account. This access will be arranged by Active Air Spares via a unique log-in and password for each user we grant such access to. This arranged access will be in conjunction with the duly authorised representative of the Active Air Spares debtor and as such they assume responsibility for transactions made by each user log-in.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account/s or password/s.
By agreeing to use this website, you also agree that your account may entitle multiple users to access and place orders on your behalf. These other users (if any) will have been previously nominated and authorised by you to access and use this site on your behalf, and as such you take responsibility for their actions. Individual users will have individual logins and unique passwords. It is your responsibility to ensure any of your authorised representatives to not divulge log-in details and/or passwords to other employees or persons either within or outside your organisation. All transactions are recorded by individual username as a separate identifiable entity on your main account. Should disputes arise regarding unauthorised access and/or supply of goods, you will be referred to your authorised individual who accessed the account. Should individuals leave your employment and/or are no longer authorised to access information and place orders on your behalf, you must ensure Active Air Spares is notified to remove the said user's access.
Active Air Spares and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Active Air Spares reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Active Air Spares and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Active Air Spares and its affiliates and sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Active Air Spares or its affiliates for all claims resulting from content you supply. Active Air Spares has the right but not the obligation to monitor and edit or remove any activity or content. Active Air Spares takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS:
Active Air Spares and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS:
All items purchased from Active Air Spares are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS:
Active Air Spares and its affiliates attempt to be as accurate as possible. However, Active Air Spares does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Graphics, images and or any photos are intended to be representative or indicative in nature only and, as such, products may vary from these displayed images by way of, but not limited to, shape, size, colour, or other attribute. If a product offered by Active Air Spares itself is not as described, your sole remedy is to return it in unused condition.
CHILDREN:
Active Air Spares does not sell products for use by children. We sell products for purchase by adults. If you are under eighteen, you may use Active Air Spares only with involvement of a parent or guardian.
OTHER BUSINESSES:
Parties other than Active Air Spares and its subsidiaries might sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Active Air Spares does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
This site is provided by Active Air Spares Pty Ltd on an "as is" and "as available" basis. Active Air Spares Pty Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Active Air Spares Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Active Air Spares Pty Ltd does not warrant that this site, its servers, or e-mail sent from Active Air Spares Pty Ltd are free of viruses or other harmful components. Active Air Spares Pty Ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Active Air Spares Pty Ltd uses original equipment manufacturer (OEM) numbers within its search and cross reference facilities associated with this website and our operations. These are for classification and/or reference uses only. This in no way states or implies that Active Air Spares Pty Ltd is promoting, selling, or representing these manufacturers' parts nor will supply such OEM parts and should be noted by the user in each transaction or visit (whether via website or any printed material).
APPLICABLE LAW:
By visiting Active Air Spares, you agree that the laws of Australia without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Active Air Spares or its affiliates.
Please refer to our ‘Terms and Conditions’ for definitions with regard to our obligations within Australian Consumer law .
DISPUTES:
Any dispute relating in any way to your visit to Active Air Spares or to products you purchase through Active Air Spares shall be submitted to confidential arbitration in Australia except that, to the extent you have in any manner violated or threatened to violate Active Air Spares' intellectual property rights, Active Air Spares may seek injunctive or other appropriate relief in any court in Australia and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Please review our other policies, posted on this site. These policies also govern your visit to and interactions with Active Air Spares. We reserve the right to make changes to our site, policies, product information, product pricing and to these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. This document (and all others) on this site become uncontrolled if printed or stored electronically, and as such it is the responsibility of the user to confirm they are accessing the latest version.