Overview

This website is operated by Direct Mobility Australia. Throughout the site, the terms “we”, “us” and “our” refer to Direct Mobility Australia. Direct Mobility Australia offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach of any Terms will result in immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

Information on this site is provided for general purposes only and may not be accurate, complete, or current. You agree it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part/content thereof) at any time without notice. We shall not be liable for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products or Services may be available exclusively online with limited quantities and are subject to return/exchange per our Refund Policy. We strive to display product colors and images accurately but cannot guarantee your monitor’s display will be accurate. We may limit sales, quantities, discontinue products, or change descriptions or pricing at any time.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed under the same account, credit card, or using the same billing/shipping address. If we change or cancel an order, we may attempt to notify you by email and/or billing details provided at purchase.

You agree to provide current, complete and accurate purchase and account information and to promptly update your account and other information (including email and payment details) so we can complete transactions and contact you as needed. See also our Refund Policy.

Section 7 – Optional Tools

We may provide you access to third-party tools “as is” and “as available” without any warranties. Any use is entirely at your own risk and discretion.

Section 8 – Third-Party Links

Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have any liability for third-party materials, products, or Services. Please review third-party policies before engaging in any transaction.

Section 9 – User Comments, Feedback and Other Submissions

If you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree we may edit, copy, publish, distribute, translate and otherwise use them in any medium without restriction. We may monitor, edit or remove content we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property or these Terms.

You agree your comments will not violate any right of any third-party and will not contain unlawful or harmful material or malware. You are solely responsible for any comments you make and their accuracy.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site containing typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct, update, or cancel orders if any information is inaccurate at any time without prior notice.

Section 12 – Prohibited Uses

• For any unlawful purpose, or to solicit unlawful acts;
• To violate regulations, rules, laws or ordinances;
• To infringe intellectual property rights;
• To harass, abuse, defame, slander, disparage, intimidate, or discriminate;
• To submit false or misleading information;
• To upload viruses or malicious code;
• To collect/track personal information of others;
• To spam, phish, pharm, pretext, spider, crawl, or scrape;
• For any obscene or immoral purpose; or
• To interfere with or circumvent security features.

We may terminate your use of the Service for violating any prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of the Service is at your sole risk.

The Service and all products delivered through the Service are provided “as is” and “as available”, except as expressly stated by us or required by law. To the maximum extent permitted by law, Direct Mobility Australia, its directors, officers, employees, affiliates, agents, contractors, suppliers and licensors will not be liable for any indirect, incidental, punitive, special, or consequential damages (including lost profits, revenue, savings, data, or replacement costs).

Note: Nothing in these Terms limits your rights under the Australian Consumer Law where it cannot be excluded.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Direct Mobility Australia and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

Section 15 – Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

Obligations and liabilities incurred prior to termination survive termination. These Terms are effective unless and until terminated by either you or us. We may terminate your access if you fail to comply with any provision of these Terms.

Section 17 – Entire Agreement

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements or communications. Any ambiguities in interpretation shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to:

Direct Mobility Australia
U4/109 Eucumbene Dr, Ravenhall, VIC 3023, Australia
Phone: 0468 885 598
ABN: 73684170287