Terms and Conditions
Welcome to the website of Sway Control Hitches. Sway Control Hitches is a trading name of Titan Stability Solutions Pty Ltd ABN61 637 688 405.
- The Site is provided by Sway Control Hitches in good faith on an “as is” basis without warranty of any kind. Sway Control Hitches does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Site (collectively, the Information), or that it is suitable for your intended use.
- You agree and acknowledge that you have not made known to Sway Control Hitches either expressly or by implication, any purpose for which you use the Site, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.
- The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal and financial circumstances.
- The Site may contain historical Information that is not current and is provided for reference purposes only.
- The Information does not constitute professional advice.
- Sway Control Hitches does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Site and the Information is at your own risk.
- Sway Control Hitches reserves the right to vary or modify the Information contained on the Site, to change or discontinue any feature or part of the Site, to change the hours of availability and the equipment required to obtain access to the Site, without notice and without liability.
- Sway Control Hitches makes no warranties, guarantees or representations that the material on the Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded.
- All warranties, representations and implied terms and any liability which may arise in relation to your access to the Site or the Information are expressly excluded to the extent permitted by law.
- Sway Control Hitches reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
- Sway Control Hitches will use reasonable endeavors to ensure that the Site is available continuously. However, Sway Control Hitches does not guarantee that access to the Site will be continuous or uninterrupted.
Limitations of Liability
- To the extent permitted by law, Sway Control Hitches, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information, any opinions displayed on the Site, or any information made available in response to any enquiries or the selection of goods or services referring to it.
- To the extent permitted by law, Sway Control Hitches will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of any equipment, Sway Control Hitches will not be liable for those costs to the extent permitted by law.
- Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Sway Control Hitches is limited to the re-supply of the Information on the Site, or the reasonable costs of having the Information re-supplied.
Links to Other Sites
- You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Sway Control Hitches, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
- The copyright on the Site is owned by Sway Control Hitches and/or its affiliates. All rights reserved.
- You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.
- You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
- Commercial use of the Site and the Information is expressly prohibited.
- All trademarks and trade names which appear on this Site are proprietary to Sway Control Hitches and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.
- Any publication of Sway Control Hitches email addresses on this Site is to facilitate communications relating to the goods and services supplied by Sway Control Hitches. It must not be inferred as consent by Sway Control Hitches to receive unsolicited commercial electronic messages.
- By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Queensland, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
- If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
- If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) are valid and enforceable.
- A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
- A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.
Risk & liability
- We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
- All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.
- By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions. It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.
- You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law.
Fees and payment
- Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
- All applicable fees are clearly stated on the Site and it is the Seller’s responsibility to consider the fees before they advertise. Placing an advertisement on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee that is relevant to you (if any).
- All fees for advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorized representative of Sway Control Hitches.
- Any fees paid to us to place an advertisement on the Site do not grant any Seller exclusive rights to any web page on the Site.
Content of advertisement
- All advertisements must relate to Sway Control Hitches models and fall within the Site’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserves the right to cancel/and/or amend such advertisements, without notice and without refund.
- We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect, or not in keeping with the Site’s style standards and tone.
- Advertisements on the Site may only include text descriptions, graphics, pictures, and other content relevant to the sale of that particular Product.
- Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.
- We reserve the right to verify the availability of items offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the item(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.
- Sellers must not post/submit illegal, prohibited, or offensive content to this Site and must not use derogatory terms on the Site. Any Seller who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.
- Sellers may not include political, religious, or controversial material on any advertisement or part of the Site. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain such content.
- Sellers must not use this Site to promote any products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites.
- We do not permit data mining of any of the content on this Site in any way.
- We do not permit the use of the Site to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
- If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Site, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention, but we will not be liable for any adverse consequences or loss arising from any such error.
Intellectual property rights
- The website is the property of Sway Control Hitches and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
- No Seller shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.
- If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.
- We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this Site, all Sellers grant Sway Control Hitches a License to use any and all of the information provided by such Sellers to Sway Control Hitches with such License to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.
- We may use social media and the Site may provide links to several social media sites, for example Facebook, Twitter, LinkedIn, YouTube, and Instagram. We reserve the right to change, vary, increase, decrease, or desist from its social media presence at any time at our sole discretion.
- We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify, or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of Sway Control Hitches. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.
- Private advertisements must only be advertised by Private Sellers. We may require evidence or a declaration to verify this status. If we determine that a Product is listed for commercial gain, the private advertisement will be immediately removed without notice or refund.
- When a Sway Control Hitches is sold the advertisement must be removed within 48 hours by the seller.
- We will endeavor to display your advertisements as submitted by you. However, we make no guarantees regarding placement or content of other advertisements displayed on the same page as your advertisement.
Promotion of good business practice
- We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.
- All transactions where applicable are processed in Australian dollars (AUD).
Sway Control Hitches not a party to transactions between Users on the Site
- We are not a party to any contract between a Buyer and a Seller on the Site. To the extent that the law allows, there is to be no deemed association between a number of separate contracts.
Each purchase a separate contract
- Each purchase by a Buyer from a Seller via the Site constitutes a separate contract between the Buyer and the Seller.
You may request amendments to these Terms and Conditions
- Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis and should be sent in writing via mail: Attn: Marketing. Unit 5 Euro Business Park 26 Weippin Street Cleveland QLD 4157 or email to [email protected] These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of Sway Control Hitches and expressly identified as an amendment of these Terms and Conditions.
Relationship of parties
- By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Sway Control Hitches.
Governing law and jurisdiction
- The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
- The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Australian Consumer Law
- To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
- To the extent permitted by Australian law, we disclaim all warranties, representations, and conditions, express or implied, regarding any information, software or Products including but not limited to:
- merchantable quality.
- durability and fitness for a particular purpose.
- legal title; and
- non-infringement of Intellectual Property Rights.
- To the extent permitted by Australian law, Sway Control Hitches or its suppliers are not liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the Site.
- Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
- We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the Site. Warranty is only available to new Sway Control Hitches products purchased from an authorised Sway Control Hitches dealer.
- Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
- Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third-party hyperlinks are provided as a reference solely for the convenience of Users. As a result, we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third-party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
- All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
- We endeavor to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
- By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Sway Control Hitches, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.