Terms of service

Website Terms & Conditions

Welcome to the User Agreement for Horngate eCommerce and other websites.

 

The services available at http://www.horngate.com.au and all other Horngate eCommerce and websites urls are provided by Horngate ("Horngate ", "we", "us" or "our", which means Horngate, located at 104 Erina Street, Gosford NSW Australia 2250

 

This User Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at http://www.horngate.com.au and all other Horngate eCommerce and website urls (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.

 

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Horngate website user.

 

By agreeing to this User Agreement, you also agree that your use of Horngate eCommerce or other web sites will be governed by the user agreement posted on those web sites.

 

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice or the posting of the amended User Agreement on the site, whichever occurs first. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out below.

 

  1. User ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use the Site using your own User ID and password. You must make every effort to keep your password safe and should not disclose it to any other person. You may not transfer or sell your User ID to any other person. You may not permit, either directly or indirectly, any other person to use your User ID or password.

 

  1. Selling to Horngate

At Horngate we have a legal obligation to avoid buying stolen or defrauded goods from our customers.

 

To help us avoid this, we employ at store level a strict implementation of the state legislation, which will be adhered to on every transaction. The policy includes the following:

 

  1. Buying

As a buyer, you have an obligation to complete a transaction with Horngate if you purchase an item online.

 

Where you elect to pick up your online purchased item(s) from the store, you will be required to collect the item(s) within 30 days of the purchase date, unless otherwise agreed with the store. Where you fail to collect your item(s) within the required period, and alternative arrangements have not been made, we will refund the purchase price to you and relist the item(s) for sale.

 

  1. Mistake

Because sales take place in an automated environment, mistakes can occur without the knowledge of the seller. Accordingly, if due to operator error or computer software error, an item is listed for sale for a zero price or for a price below what the operator intended or if the item has been disposed of or become unavailable for any reason, then the sale can be cancelled by Horngate at any time before the goods are dispatched any postage or other money already received will be refunded.

 

  1. Guarantee

When purchasing goods from Horngate via the eCommerce site, Customers are entitled to the Horngate Guarantee

 

  1. Valuations

The valuations on this site are for Second Hand Insurance Replacement purposes in the local marketplace where the Independent Valuation was undertaken for the second hand/auction markets. This valuation does not represent the previous selling price of the item or infer any saving on the purchase price and will not be indicative of the resale value of the item.

 

  1. Access and Interference

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Horngate by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, people or services.
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior express written permission of Horngate and the appropriate third party, as applicable; or
  3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Your Use of Other User’s Information

Horngate and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add Horngate employee or a Horngate user, even a user who has purchased an item from you to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Horngate users, please send an email to Horngate via the web form.

  1. Email

 

You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses unless we are legally required to do so. Where appropriate, we may record your email address against the relevant company name on our confidential customer database. At Horngate, we respect the privacy needs of our valued customers and members.

Your email address is used only to send you information that you have requested and as necessary to complete a transaction or application. As part of your use of our email marketing software, Horngate allows you to elect to receive, or not to receive, certain information.

Horngate will not send you unsolicited email information, offers or advertisements. Horngate will not sell, rent, or lend our contact lists or our customers' contact lists (including customer data) to any third party companies.

All emails that you have requested will have an option to unsubscribe. To unsubscribe from all future Horngate emails.

If, at any time, you have questions or concerns about our privacy practices, please feel free to contact us.

  1. Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you:

 

(a) if you breach this User Agreement;

(b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

(c) if we believe that your actions may cause us financial loss or legal liability.

 

  1. No warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

  1. Limitation of liability

Nothing in this User Agreement shall limit or exclude our liability for direct damages resulting from fraudulent misrepresentation from death or personal injury due to our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement or your use of services covered by this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

 

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

 

  1. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

 

  1. Notices

Unless otherwise explicitly stated, notices to Horngate must be sent by registered mail to Horngate 104 Erina Street, Gosford NSW Australia 2250 and notices to you will be sent to the email address that you provide to Horngate during the registration process (receipt is deemed to have occurred within 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

 

  1. Governing law and legal compliance

This User Agreement shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts.

 

The laws of your country may be different from Australian law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a license to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

 

  1. Dispute resolution

Horngate is a responsible and professional organisation that cares about the service you receive. We are committed to a fair and prompt response to your complaints.

 

  1. Third party rights

A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement.

 

  1. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Horngate, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Horngate are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

 

  1. Advertising & performance tracking

We use several advertising companies to devise and deliver our online advertising. This often involves serving adverts on third party websites.

 

When you see one of our ads on a third party website, cookies and, in some cases, Spotlight tags are sometimes used to collect information such as:

 

the server your computer is logged onto.

your browser type.

the date and time of your visit.

the performance of their marketing efforts.

When you visit our website directly or after seeing one of our ads on a third party website, anonymous information is collected on how you use our website. This might include which pages you view, and whether you start and complete an online application. The tracking companies aggregate all the captured information and use it to study Internet user behaviour patterns.

 

They don't include personal information in their studies and use the data mainly to measure advertising effectiveness and relative consumer interest in the various areas of our websites. No personal information is collected during this process. If, however, any information is automatically collected, the tracking companies are required under their arrangements with us, to maintain the privacy and confidentiality of that personal information.

 

  1. Promo Code Use

“Promo Code” means a code that must be entered at checkout on online transactions in order to receive a discount or benefit.

Each Promo Code is subject to (a) the specific terms and conditions stated on the promo code offer and (b) the terms of this clause. In the event of any inconsistency, the former prevails.

Promo Codes:

Are valid for qualifying purchases made on www.horngate.com.au.

Must be applied by entering them at the checkout prior to completing the order.

Must be redeemed within the validity period.

Cannot be applied to previously placed orders or products not in stock at the time of purchase. No rainchecks.

Cannot be combined with other offers and can only be redeemed once per customer unless otherwise stated.

Are not redeemable for cash or credit and cannot be used to purchase gift cards.

Are not redeemable on sale items unless expressly stated otherwise.

Discounts are applied prior to shipping, handling, sales tax, or any other charges; and

Ongoing offers are subject to change without notice, including whether Promo Codes apply.

  1. Marketing Consent

I authorise and acknowledge that Horngate may use my personal information to help promote its products or services or those of its related companies and alliance partners; disclose my personal information to its related companies or alliance partners in connection with that purpose; and tell me about its products or services or those of its related companies or alliance partners, and that I may withdraw my consent in the future by contacting Horngate at: staff@horngate.com.au