Last Amended 20/5/2018
1.1 www.voltrium.com.au is a shopping / blog website where you can browse, select and order products advertised on the Site from Voltrium Tech Pty Ltd ACN: 97625551046
1.2 Please read these terms and conditions before accessing or using the website or browsing blog posts / purchasing a product on the online store. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using and features of the website.
1.3 The use of any features on the website is governed by these terms and conditions
1.4 Voltrium Tech Pty Ltd is simply referred to as Voltrium Tech in some clauses
2.1 The information contained in this site is provided in good faith on an “as is” basis. Voltrium Tech Pty Ltd does not represent or warrant to the reliability, accuracy or completeness of the information contained on this site. To the extent permitted by law, Voltrium Tech Pty Ltd is not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site. Voltrium Tech will attempt to include and update information on the website and fix any inaccuracies as soon as it is identified.
2.2 The specifications and features of any product that Voltrium Tech sells on the online store is subject to change without notice.
3. Ownership of Intellectual Property
3.1.1 You agree that all digital contents on our website belong to us. Some common examples are images, logos, trademarks and Graphics Designs.
3.1.2 You must not use, modify, download or redistribute any of the media content covered in clause 3.1.1 without our consent
3.2.1 You may download certified documents from the website such as the owner’s manual and wiring diagrams for use on products sold by Voltrium Tech only.
3.2.2 The contents provided in the material covered in clause 3.2.1 is provided under the same basis as clause 2.1
3.2.3 You may keep or print hard copies of the content covered in clause 3.2.1 for use on Voltrium Tech products only
3.3 The site and all of its contents are protected by Intellectual Property laws of Australia and international conventions. Voltrium Tech Pty Ltd is an authorised agent to use trademarks registered by Electric Revolution Australia Pty Ltd ACN: 625551055 where the trademark registrations numbered 1924612 and 1921137 are registered under the jurisdiction of the Commonwealth of Australia and its territories.
4. Digital Security
4.1 Voltrium Tech does not guarantee that certified online documents are free of viruses
4.2 You agree that Voltrium Tech has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.3 If Voltrium Tech is found to be liable this will be limited to the cost of supplying the information again.
5. Compliance with Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
5.1 Using the Website
5.2 Registering an account on MyVoltrium
5.3 Accessing any media content such as the blog
5.4 Accessing any social media sites affiliated with Voltrium Tech
5.5 Making a purchase on the online store
6. Changes to Terms and Conditions
6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
6.2 Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
7. Ordering Products
7.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
7.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
7.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
7.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
8. Acceptance or Rejection of an Order
8.1 We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
8.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
8.3 If we reject an order placed through the Site, then we will attempt notify you of that rejection at the time you place the order or within a reasonable time to the best of our ability after you submit your order.
9. Cancelling of an order on Voltrium Tech’s end
9.1 Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
9.2 The requested Products in that order are not available; or
9.3 There is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
9.4 That order has been placed in breach of these terms and conditions.
9.5 If we do so, then we will provide you with reasonable notice of that cancellation to the best of our ability, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
10. Cancelling an Order on your end
10.1 Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, or have not consulted the specifications of the product thoroughly.
10.2 If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us. The decision to accept your cancellation is at our full discretion.
11. Delivery of Products
11.1 Please allow at least three working days (Monday – Friday) for handling time from the receipt of your order and payment for your order. Delivery time is subject to stock availability, and the operation of courier services which will be beyond our control. Please review the Terms and Conditions of the Courier Company that your order is assigned to. This period may be extended by up to 60 days by us and we will attempt to provide you with reasonable notice of that extension to the best of our ability.
12. Prices, Fees and Charges
12.1.1 The prices of Products and delivery and other charges displayed on this website are current at the time of issue, however, Voltrium Tech Pty Ltd reserves the right to change prices at any time before we accept an order from you.
12.1.2 All prices shown on this Site are in Australian Dollars (AUD).
12.1.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
12.1.4 The purchase price of each Product that is ordered;
12.1.5 The delivery fee for delivering the Products to you; and
12.1.6 Any other fees and charges set out in these terms and conditions.
12.1.7 All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are exclusive of GST (unless otherwise indicated).
12.2.1 The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any other website.
12.2.2 You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the online store or other websites.
12.3.1 Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
12.3.2 If the delivery is by courier, products could possibly be delivered to an unattended address at the discretion of the assigned courier company. If no one is available to sign for the parcel, the parcel will be stored at the nearest courier depot and redeliveries might incur extra fees. The customer is then responsible for collecting the parcel from that depot under the terms and conditions of the courier company.
12.3.3 Voltrium Tech Pty Ltd currently ships orders to Australian / New Zealand addresses only.
12.3.4 You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for express or urgent deliveries or bulk or large quantity orders.
13. Your Obligations
You covenant and warrant that:
13.0 I acknowledge and understand that some products sold by Voltrium Tech Pty Ltd are Non Road vehicles and should only be used on private property. I acknowledge I have been made aware in the relevant listings prior to purchase and also in the owners manual and the warning labels on the products after purchase.
13.1 All information and data provided by you to us through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
13.2 The person receiving the Products at the Delivery Address is authorised by you to do so;
13.3 You have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
13.4 You will ensure that your Username and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
13.5 You will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Username and password or account, or any other security breach relating to your account;
13.6 You will promptly advise us of any changes to your information provided to us as part of the customer registration process;
13.7 You are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
13.8 you are responsible and liable for any person that uses your Username and password to order Product(s) through the Site;
13.9 you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Username and password through the Site;
13.10 You will check the Manual on the website regarding the purchased Product before consumption or use and assume all risks and ramifications that may arise due to improper usage of the product if failing to do so; and
13.11.1 You must not use the website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
13.11.2 You must not use the website in a manner or way, or post to or transmit to or via the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website;
13.11.3 You must not make fraudulent or speculative enquiries, purchases or requests through the website;
13.11.4 You must not use another person’s details without their permission or impersonate another person when using the website;
13.11.5 You must not post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
13.11.6 You must not tamper with or hinder the operation of the website;
13.11.7 You must not knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website;
13.11.8 You must not use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the website;
13.11.9 You must not modify, adapt, translate or reverse engineer any portion of the website;
13.11.10 You must not remove any copyright, trade mark or other proprietary rights notices contained in or on the website;
13.11.11 You must not reformat or frame any portion of the web pages that are part of the website;
13.11.12 You must not create accounts by automated means or under false or fraudulent pretences;
13.11.13 You must not use the website to violate the security of any computer or other network or engage in illegal conduct;
13.11.14 You must not take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
13.11.15 You must not use the website other than in accordance with these terms and conditions; or
13.11.16 You must not attempt any of the above acts or engage or permit another person to do any of the above acts.
14. Warranty and Liability
14.1 Voltrium Tech Pty Ltd accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
14.1.1 In the case of services, resupply of the services or pay you the cost of resupply; and
14.1.2 In the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
14.2 Where we are permitted by law (and subject to clause 16.1):
14.2.1 We do not warrant or represent the suitability of the website or a Product for any purpose; and
14.2.2 We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
14.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
15.1 Unless you notify Voltrium Tech Pty Ltd to the contrary by email or telephone, within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by Voltrium Tech , the Products shall be deemed to have been accepted by you.
15.2 Voltrium Tech Pty Ltd will accept product returns and provide you with a replacement for the Product (subject to availability) refund, Replace or repair where:
15.2.1 The Product delivered is faulty, or
15.2.2 The Product delivered is not fit for its intended purpose, or
15.2.3 The Product delivered does not match the description on the Site
15.3 If the Product delivered is faulty, not fit for its intended purpose, does not match the description on the website or covered under a warranty from the manufacturer, then please contact us on Via the Website contact form or email: firstname.lastname@example.org and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with:
15.3.1 The Order number
15.3.2 A detailed description of the problem or the reason for your request to the return the Product;
15.3.3 Photograph(s) of product that is damaged during transportation (if it’s required we will advise you which email address to send it to);
15.3.4 Your name and contact details
15.4 We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
16. Termination and/or Suspension of Account
16.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the website and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and:
16.1.1 The breach cannot be remedied; or
16.1.2 You fail to the remedy the breach within 10 days of our notice to you of that breach; or
16.1.3 If there is an emergency.
17. Do-It-Yourself and How-To Content
17.1 You acknowledge that the video clips and photographs contained in this website may depict activities undertaken by qualified and highly trained professionals and/or experts.
17.2 You agree not to attempt to replicate any activities shown on this website unless you have:
17.2.1 checked the service information and specification for the specific Product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;
17.2.2 obtained advice from the relevant qualified experts, tradespeople and/or professionals;
17.2.3 Complied with all applicable laws, regulations and by-laws; and
17.2.4 Employed safe practices for carrying out the activities.
17.3 The film and text transcript in this website are intended to be an information source only. Voltrium Tech Pty Ltd makes no statements, representations or warranties about the accuracy or completeness of the comments.
17.4 Subject to applicable laws, Voltrium Tech Pty Ltd does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
17.5 The videos on this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The video may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
18. General Provisions
18.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
18.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.