Welcome to Hyperdrive

a division of Hyperdrive Australia Pty Ltd.

The following document contains important information to help protect all parties involved, rights and responsibilities, for you the user, and a list of terms and conditions, which all parties involved, should agree to.

Your use of www.hyperdrive.com.au constitutes your agreement to fhe following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by Hyperdrive Australia Pty Ltd. (“hyperdrive, us or we”). By browsing through the Website, or opening an Account, you agree to the terms of this Agreement. If you don’t agree to the below terms and conditions set out then please DO NOT use or purchase any products from this website.

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1. Interpretation

2. Delivery, Risk and Title in Goods

3. Customer Account

4. Copyright, Trademark and intellectual Property

5. Colours, Error correction and inaccuracies

6. Communication, Coorespondence from Hyperdrive Australia Pty Ltd

7. Pricing

8. Warranty

9. Returns

10. Orders

11. Linked Website

12. Specific Warnings

13. Buy with confidence with Hyperdrive – Satisfaction Guarantee or your money back!

14. Indemnity,Limitation of Liability

15. Termination

16. General

Interpretation

In these terms and conditions:

“Account” means the personalised account created by you on the website enabling the order of goods.

“Agreement” means these terms and conditions, including the terms of any order placed by you through the website (if applicable).

“Goods” means any products described in an order and includes packaging.

“Intellectual property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).

“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.

“Order” means a request submitted by you to purchase goods from Hyperdrive through the website.

“Restricted Material” means any product displayed for sale on the website, the sale of which is restricted to persons of a certain age.

“Website” means the internet site located at [www.hyperdrive.com.au] operated by Hyperdrive.

Any reference in this agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supercedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this agreement unless otherwise specified as followed. All references to dollar amounts are references to Australian dollars.

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Delivery, Risk and Title in Goods.

Hyperdrive will use its best endeavours to deliver the goods to your nominated delivery address within the time period specified below at the time of placing your order, however Hyperdrive will not be liable to you or anyone else for any losses suffered or incurred due to delay.

Delivery only available: Monday to Friday, 9:00am-5:00pm (Business days). Delivery is available to ground floor only (door to door service); If you have allocated a delivery address and no one is home to sign for the product, a card will be left and a re-delivery fee of $20 may be charged depending on the courier. Your item(s) can only be re-delivered once the re-delivery fee ($20) has been received if required by Hyperdrive. No other alternative address will be accepted once goods have been despatch from Hyperdrive Australia Pty Ltd Distribution Centre. If you suspect the item is damaged, please sign as “unchecked freight” so that if the item is in fact damaged, then we can hold the courier liable. Please submit this form online in 2 days after you received the link.

PLEASE NOTE: Item(s) will not be dispatched until payment is received. Although the delivery confirmation form is needed before we dispatch your item(s), receiving this form does not mean item(s) will be sent out, as payment needs to be received and cleared. Once payment has cleared, please allow the following transit times to receive your item(s). Delivery times (Please allow up to 10 business Days)

The following are estimated shipping times:

South Australia: 1-5

Victoria: 2-5

Tasmania: 3-10

Queensland: 2-7

New South Wales: 2-7

Western Australia: 4-10

Northern Territory: 4-10

Please Note: These shipping times are estimated, and business days are equivalent to Monday – Friday.

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Customer Account

You must create an account before placing an order for goods through the website. You warrant that all information and data provided by you in the creation of your account is accurate and up to date. You must notify Hyperdrive immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your account.

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Copyright, Trademark & Intellectual Property Information

All Intellectual Property in any material on the website is the property of Hyperdrive, its advertisers or third party providers. Unless expressly authorised under this agreement, you may not reproduce, adapt, modify, display, perform or distribute any material or any part of any material, all trademarks, forms of advertising or publicity that relates to distribution of this information appearing on this website. “Hyperdrive Australia Pty Ltd” or any of the above trademarks or logos shall not be used in any way without specific, written prior permission from the appropriate parties.

The information contained in this website is subject to change without notice. We take no responsibility for typo-graphical, technological or illustrative errors of products and descriptions on this site.

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Colours, Error Correction and Inaccuracies

Hyperdrive has made our best effort to display all products and images as accurate as possible with the appropriate colours listed in the product descriptions. However the colours you see will also depend on the monitor and colour settings you have set, so there is no guarantee that the colours listed will be the same as what you receive. We also make every effort to present accurate information on this site, the information may contain typo-graphical errors or inaccuracies that may not be complete or current. So consequently we reserve the right to change any relevant information, errors or inaccuracies at any time without notice. (This may include whilst and after you have finalized an order.) These inaccuracies may be relevant to product descriptions, availability and pricing.

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Communication, Correspondence from Hyperdrive Australia Pty Ltd

As a condition of purchase we reserve the right to email any special offers, new products and any other relevant information that we believe will be of interest to you. We also respect your rights not to receive this communication. If you advise us once you make your initial purchase that you do not want to be contacted with these special offers, we will disable this functionality on the specified account.

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Pricing

The price that appears on this web site are quoted in Australian dollars and are valid and effective only in Australia. All pricing displayed on the Website is for online purchases only and may not be matched at any physical retail shopping outlet. The price, if affected, will include the GST, Prices for items on an order are fixed once your order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted orders. You agree to pay the delivery charges specified at the time you submit your order. Prices displayed on the Hyperdrive website are subject to change without notice.

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Warranty

All products listed on this site come with manufacturers warranties. Products are warranted to be free from defects in material and workmanship. Products and components are warranted against failure or defect arising from normal use between 3 months to 12 months from the date of purchase. (Proof of purchase must be provided when making warranty claims i.e. copy of receipt, invoice or internet conformation). Some exclusions do apply (see individual user manuals for full warranty information). Shipping and labour charges are not included in this warranty.

Hyperdrive Australia Pty Ltd will replace or repair, at their discretion, any product found to be defective in materials or workmanship. The warranty, or implied warranty, does not cover normal wear and tear and all warranties are void if the product is used for other than normal domestic activities. Repairs or replacements required where there is evidence that such conditions have contributed to a component failure; will not be covered by the warranty.

This warranty does not cover any personal injuries, damage to or failure of the product or any other losses due to accident, misuse, neglect, abuse, normal wear, improper assembly or improper maintenance. This warranty is extended to the original owner only and does not cover any defect malfunction or failure which does not conform to the limited warranty aforesaid.

Damaged or faulty goods will be repaired or replaced (at the discretion of Hyperdrive) or where repair or replacement of damaged or faulty goods is not possible (in the opinion of Hyperdrive) a full refund will be issued for the value of the damaged or faulty goods. Installation labour is not included in this warranty.

All damaged and faulty goods must be returned to Hyperdrive before refunded to you.

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Returns

Other than in accordance with (warranty) clause, Hyperdrive will only accept the return of goods that have been supplied incorrectly, or vary from their description on the Hyperdrive website.

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Orders

Orders will be deemed to have been received by Hyperdrive Australia at the time Hyperdrive sends an Order Confirmation to your nominated email address. Each order (once accepted) represents a separate agreement incorporating the terms of that order.

If Hyperdrive is unable to supply your total order, this agreement will apply to the supply of all or part of that order. Hyperdrive will use its best endeavours to supply orders placed through the Website, however Hyperdrive reserves the right to cancel any order without notice for any reason. In event of a cancelled order, any payments processed by Hyperdrive will be promptly refunded. Customers who wish to cancel an order must notify Hyperdrive at racing@hyperdrive.com.au by 9am on the next business day following the date of order, quoting the Order Reference Number. You acknowledge that the internet can be unstable and, at times the Website may not be in operation to access order information, Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Hyperdrive accepts no responsibility, however ever effort is may to supply orders and delivery timelines as mentioned.

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Payment

You may provide your nominated credit card details during the purchase process described on the Website. Once the goods (the subject of your order) are received from suppliers and are ready for dispatch, Hyperdrive will process payment for the goods (plus any delivery charges) if required using your nominated credit card (Visa, Mastercard or Paypal). You authorise Hyperdrive to debit such amount from your nominated credit card.

If your nominated credit card is declined by your financial institution, Hyperdrive will not be able to guarantee the delivery of the goods, and may contact you to make alternative payment and delivery arrangements.

Hyperdrive may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the order and may not contact you to inform you that your order will not be processed. We may process this order or further orders if you make a payment by another method that is acceptable to Hypedrive. If you choose to place an order by email or over the phone to the authorised Hyperdrive team member, or if you are using Cheque. Money Order, EFT, Cash Deposit, you must advise by email to racing@hyperdrive.com.auadvising the date payment has been made. Hyperdrive will confirm payment and send your order to your specified address.

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Linked Web Sites

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Hyperdrive will not be responsible for the content or privacy practices associated with linked web sites.

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Specific Warnings

You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Hyperdrive takes no responsibility for any such damage which may arise in connection with your use of the Website. Please ensure you do not knowingly transmit any material that may contain a virus or other harmful component. Only individuals who can make legally binding contracts may purchase goods and services from this site. These products and services are not available to anyone under the age of 18 years old. Hyperdrive cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this web site, nor can Hyperdrive guarantee that it will give notice of any illegal or inappropriate use of this website.

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Buy with confidence with Hyperdrive

All products purchased on this site are backed by a money back guarantee. If you’re not completely satisfied with your purchase you can send the item(s) back for your money back. No questions asked and no hard feelings.

To return an item(s) to us for your money back:

Contact Hyperdrive within 7 days of receiving the item(s)

Send an email to racing@hyperdrive.com.au stating your order number and the item(s) you wish to return. Our Customer Service team will advise you of further instructions and return address details

The returned item(s) are received within 14 days

The item(s) are returned to us in ‘as new’ condition with all internal and external packaging, accessories, swing tags, labels and manuals complete and intact. The item(s) are NOT opened, used, worn or damaged, and are in 100% re-saleable condition when we receive them back.

The item is securely packed and protected for return postage to ensure that the item and packaging is received back by us in original and re-saleable condition.

That you DO NOT stick or write anything on the item itself or its packaging. Please only write or place postage stickers on the outer postage packaging you use to protect the product.

Your refund will be the amount you paid for the item(s) returned, (less postage and handling, restocking fee of $8 per item returned, $20 for items weighing in excess of 15kgs).

If you received free delivery or a complimentary product then the cost will also be deducted.

Note: For hygienic reasons some products may not be returned under this policy. Item(s) returned will be assessed and further costs / deductions may apply if they don’t meet the above conditions.

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Indemnity, Limitation of Liability

You waive, release, discharge and relinquish any and all claims that you now have or may have against Hyperdrive which are connected with, arise out of, relate to or are incidental to the use of the Website. You agree to indemnify Hyperdrive and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Hyperdrive arising out of or in connection with the Website by any other person as a result of your, or any person using your passwords. This indemnity will extend to all costs, damages and expenses incurred by the owners and proprietors, employees and sub-contractors in connection herewith.

(a) act or omission;

(b) breach of this Agreement; or

(c) infringement of any Intellectual Property on the Website

In no event shall Hyperdrive or any of its subsidiaries or affiliates be accountable for any indirect, out of the ordinary, minor or consequential damages including but not limited to loss of use, loss of data, loss of business or profits, nor any indirect or consequential loss. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Hyperdrive (in negligence or otherwise) is limited (at the option of Hyperdrive) to the resupply of goods or services, or the cost of having the goods or services supplied again. Hyperdrive does not accept liability for consequential loss, nor for injury or damage caused by circumstances beyond our control, including but not limited to misuse, neglect, excessive use, alteration, modification, defective installation, maintenance or repair of the product, or use at a public event, expo, convention. Hyperdrive does not accept liability for loss, injury or damage caused by the use or the product in a manner not designed, recommended nor intended by the manufacturer. Hyperdrive reserves the right to modify its products without altering the appropriate user manuals. Item specifications listed on this site may differ from the user manual as these models are exclusive to Hyperdrive and user manuals are generic. Nothing in these terms and conditions is intended to limit or exclude any liability on Hyperdrive’s part where and to the extent that applicable law prohibits such exclusion or limitation.

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Termination

Hyperdrive may terminate or suspend this agreement at any time by sending you a notice by email to your nominated email address advising that your account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.

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General

This agreement is governed by and must be construed according to the law of the State of South Australia, Australia and the parties submit to the jurisdiction of the courts in that State.

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