Welcome to Partxa Pty Ltd's website, available at partxa.com (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.
These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, "Us", "Our" and "We" refers to Partxa Pty Ltd and "You" and "Your" refers to you, the client, visitor, website user or person using our Site.
In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.
The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication of the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions.
By using our Site you agree and accept that Partxa Pty Ltd is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth). The liability of Partxa Pty Ltd for any breach of a term of this agreement is limited to; the supplying of the services to you again, or the payment of the cost of having the services supplied to you again.
Partxa Pty Ltd is not a manufacturer of parts or other goods and provides a platform to conduct or facilitate sales of new unused and second-hand parts to users of our website. We are independent of all parts manufacturers. Unless expressly stated elsewhere on this site, we are not, and do not claim to be, associated or affiliated with, or endorsed by, any manufacturer, and we are not a franchisee, dealer, agent or representative of any parts manufacturer.
Partxa Pty Ltd may from time to time provide, on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Earthmoving Supplies Pty Ltd and the owners of those websites. Partxa Pty Ltd takes no responsibility for any of the content found on the linked websites.
Partxa Pty Ltd's Site may contain information or advertisements provided by third parties for which Partxa Pty Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are not providing any advice nor do we take any responsibility for any advice received by you which is provided by others. In using our website, you agree that you are solely responsible for checking and verifying any information provided by third parties before relying on that information.
To the fullest extent permitted by law, Partxa Pty Ltd absolutely disclaims all representations, warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Partxa Pty Ltd gives no warranty that our Site or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Partxa Pty Ltd to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure that you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.
Partxa Pty Ltd may be required, in certain circumstances, to disclose information in good faith and where Partxa Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
If and when applicable, goods and services tax payable pursuant to the laws of the Commonwealth of Australia (GST) payable on our goods or Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Partxa Pty Ltd. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Partxa Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Partxa Pty Ltd reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Site for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Site.
Partxa Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our Site and we reserve the right to take action against you if you breach any of these terms.
Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
To the fullest extent permitted by law, by using our site, you agree and accept that we will not be liable to you for, and you release us from any liability in respect of, any loss or damage that might arise from any infringement of any intellectual property rights of another party.
If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
These Terms and Conditions make up the entire agreement between you and Partxa Pty Ltd and supersede any prior agreement, understanding or arrangement between you and Partxa Pty Ltd whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
These Terms and Conditions and this Site are subject to the laws of Queensland and Australia. If there is a dispute between you and Partxa Pty Ltd that results in litigation then you must irrevocably submit to the jurisdiction of the courts of Queensland.
Last updated: 30 June 2023