1.About the Website

Welcome to www.airlevel.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).

The Website is operated by Air Level Systems Pty. Ltd. PTY. LTD. (ABN 42 671 021 37). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Air Level Systems Pty. Ltd.. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

Air Level Systems Pty. Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Air Level Systems Pty. Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Air Level Systems Pty. Ltd. in the user interface.

3 Returns Policy

We are not required to provide a refund or replacement if you change your mind.

But you can choose a refund or exchange if an item has a major problem. This is when the item:

has a problem that would have stopped someone from buying the item if they had known about it
is significantly different from the sample or description
doesn’t do what we said it would ,or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value.
If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
Please keep your proof of purchase—e.g. your receipt .

4.Warranty

Air Level Systems Pty. Ltd.’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).

You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 12 Months from the date of purchase (the ‘Warranty Period‘).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Air Level Systems Pty. Ltd. showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Air Level Systems Pty. Ltd. by email at info@airlevel.com.au

Where the Warranty Claim is accepted then Air Level Systems Pty. Ltd. will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you. You acknowledge and agree that you will be solely liable for any postage, shipping, or out-of-pocket costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by Air Level Systems Pty. Ltd. and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

5.Delivery

You acknowledge that the Purchase Services offered by Air Level Systems Pty. Ltd. integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).

In providing the Purchase Services, Air Level Systems Pty. Ltd. may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Air Level Systems Pty. Ltd. is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event an item is lost or damaged during the Delivery Services, Air Level Systems Pty. Ltd. asks that you:

(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(b) contact us by sending an email to info@airlevel.com.au outlining in what way the Products were damaged in transit so we can determine if the Delivery Service Provider should be removed from the Purchase Services.

6.Copyright and Intellectual Property

The Website, the Purchase Services and all the related products of Air Level Systems Pty. Ltd. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by Air Level Systems Pty. Ltd. or its contributors.

Air Level Systems Pty. Ltd. retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Air Level Systems Pty. Ltd.; or

(b) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

(c) a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Air Level Systems Pty. Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Content or third-party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

7.Privacy

Air Level Systems Pty. Ltd. takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Air Level Systems Pty. Ltd.’s Privacy Policy, which is available upon request.

8.General Disclaimer

You acknowledge that Air Level Systems Pty. Ltd. does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Air Level Systems Pty. Ltd. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(a) All terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and

(b) Air Level Systems Pty. Ltd. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Air Level Systems Pty. Ltd. (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Air Level Systems Pty. Ltd., are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Air Level Systems Pty Ltd express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Air Level Systems Pty. Ltd.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.

(b) the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website).

(d) the Content or operation in respect to links which are provided for the User’s convenience.

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9.Limitation of Liability

Air Level Suspension Pty. Ltd.’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Air Level Systems Pty. Ltd. is the resupply of information or Purchase Services to you.

You expressly understand and agree that Air Level System Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Air Level Systems Pty. Ltd. is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Air Level Systems Pty. Ltd., by third parties or by any of the Purchase Services offered by Air Level Systems Pty. Ltd.

You acknowledge that Air Level Systems Pty. Ltd. does not provide the Delivery Services to you, and you agree that Air Level Systems Pty. Ltd. will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

10.Indemnity

You agree to indemnify Air Level Systems Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website.

(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

11.Dispute Resolution

11.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

11.2. Notice:

A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

11.3. Resolution:

On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victorian Civil and Administrative Tribunal (VCAT) or his or her nominee.

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

(d) The mediation will be held in Victoria, Australia.

11.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

11.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.Correspondence, Provision of Assistance and Promotions

The Website includes facilities to submit requests to Air Level Systems Pty Ltd regarding technical questions, sales enquiries, or other matters. Typically, these requests take significant time to resolve due to the complexities of air suspension and ensuring a suitable solution is found. In consideration of this if you utilise our services to submit a question you agree that the submission does take significant time and effort to resolve and does constitute a significant business relationship between you and Air Level Systems Pty Ltd. In consideration of this Air Level Systems Pty Ltd reserves the right to answer your query in the most practical manner – email, phone or otherwise and reserves the right to email you special offers or other materials which it considers may be of interest to you. All special offer or promotional email correspondence shall include the option to opt-out of future emails.

13.Venue and Jurisdiction

The Purchase Services offered by Air Level Systems Pty. Ltd. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14.Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15.Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16.Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.