WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to www.parts.carlight.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
(b) The Website is operated by CARLIGHT(ABN 62 121 481 829). Access to and
use of the Website, or any of its associated Products or Services, is provided by
CARLIGHT. 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 Services, immediately.
(c) CARLIGHT reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When CARLIGHT 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.
- Acceptance of the Terms
(a) 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 CARLIGHT in the user interface.
- Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of
the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(b) You warrant that any information you give to CARLIGHT in the course of
completing the registration process will always be accurate, correct and up
(c) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with CARLIGHT; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you
are resident or from which you use the Purchase Services.
- Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the
Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify CARLIGHT
of any unauthorised use of your password or email address or any breach
of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows
for the sole use of the Website by you for the purposes of CARLIGHT
providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
. of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action
will be taken by CARLIGHT for any illegal or unauthorised use of the
(viii) you acknowledge and agree that any automated use of the Website or
its Purchase Services is prohibited.
- Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Stripe (the ‘Payment
Gateway Provider’). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and
provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by CARLIGHT, you
will be issued with a receipt to confirm that the payment has been received and
CARLIGHT may record your purchase details for future use.
(d) CARLIGHT may, at their sole discretion, provide a refund on the return of the
Products within 14 days where the Product packaging is unopened and remains
in a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund pursuant to this clause.
(a) CARLIGHT’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 and compensation for any other reasonably foreseeable loss
or damage. 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’).
(b) 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’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to CARLIGHT 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 CARLIGHT at 2/148 Toongabbie Road, Girraween,
New South Wales, 2145 or by email at firstname.lastname@example.org.
(d) Where the Warranty Claim is accepted then CARLIGHT 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 for parts
or labour. You acknowledge and agree that you will be solely liable for any postage or
shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by CARLIGHT
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.
(f) All implied warranties including the warranties of merchantability and fitness
for use are limited to the Warranty Period.
(g) 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.
(a) You acknowledge that the Purchase Services offered by CARLIGHT
integrate delivery (the ‘Delivery Services’) through the use of third party
delivery companies (the ‘Delivery Service Providers’).
(b) In providing the Purchase Services, CARLIGHT 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 CARLIGHT 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
(c) In the event that an item is lost or damaged in the course of the Delivery
Services, CARLIGHT asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(ii) contact us by sending an email to email@example.com outlining in what
way the Products were damaged in transit so we are able to determine
if the Delivery Service Provider should be removed from the Purchase
- Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of CARLIGHT
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 CARLIGHT or its contributors.
(b) CARLIGHT 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, trade mark, industrial
design, patent, registered design or copyright of CARLIGHT; or
(b) the right to use or exploit a business name, trading name, domain
name, trade mark 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).
(c) You may not, without the prior written permission of CARLIGHT 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 content 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.
(a) CARLIGHT takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to
- General Disclaimer
(a) You acknowledge that CARLIGHT does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
(b) CARLIGHT 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.
(c) 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in these Terms are excluded; and
(ii) CARLIGHT 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.
(e) Use of the Website, the Purchase Services, and any of the products of
CARLIGHT (including the Delivery Services), is at your own risk. Everything on
the Website, the Purchase Services, and the Products of CARLIGHT, 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 CARLIGHT including any
third party where the Delivery Services are made available to you) make any
express or implied representation or warranty about its Content or any products or
Purchase Services (including the products or Purchase Services of CARLIGHT)
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:
(i) 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;
(ii) 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);
(iii) costs incurred as a result of you using the Website, the Purchase
Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for
the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-
commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
- Limitation of Liability
(a) CARLIGHT’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 Price, then the total liability of CARLIGHT is the resupply of information
or Purchase Services to you.
(b) You expressly understand and agree that CARLIGHT, 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.
(c) CARLIGHT 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 CARLIGHT, by third parties or by any of the Purchase Services
offered by CARLIGHT.
(d) You acknowledge that CARLIGHT does not provide the Delivery Services to you
and you agree that CARLIGHT 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.
- Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by CARLIGHT
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying CARLIGHT at any time; and
(ii) closing your accounts for all of the Purchase Services which you\ use,
where CARLIGHT has made this option available to you.
(c) Your notice should be sent, in writing, to CARLIGHT via the ‘Contact Us’; link
on our homepage.
(d) CARLIGHT may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach
(ii) CARLIGHT is required to do so by law;
(iii) the partner with whom CARLIGHT offered the Purchase Services to
you has terminated its relationship with CARLIGHT or ceased to offer
the Purchase Services to you;
(iv) CARLIGHT is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which you use
the service; or
(v) the provision of the Purchase Services to you by CARLIGHT is, in
the opinion of CARLIGHT, no longer commercially viable.
(e) Subject to local applicable laws, CARLIGHT reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the
Purchase Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts CARLIGHT’s name or reputation or
violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and CARLIGHT have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the provisions
of this clause shall continue to apply to such rights, obligations and liabilities
(a) You agree to indemnify CARLIGHT, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) 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
(ii) 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
(iii) any breach of the Terms.
- Dispute Resolution
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 sought).
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.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(i) Within 30 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;
(ii) If for any reason whatsoever, 30 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 Australian Mediation Association or his
or her nominee;
(iii) 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;
(iv) The mediation will be held in Sydney, Australia.
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.
(e) Termination of Mediation:
If 30 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.
- Venue and Jurisdiction
(a) The Purchase Services offered by CARLIGHT 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 New South Wales, Australia.
- Governing Law
(a) The Terms are governed by the laws of New South Wales, 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 New South Wales 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.
- Independent Legal Advice
(a) 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.
(a) 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.
All care is taken in the preparation of the information and published materials on this site.
CARLIGHT does not make any representations or give any warranties about its accuracy,
reliability, completeness or suitability for any particular purpose. To the extent permissible by
law, CARLIGHT will not be liable for any expenses, losses, damages (including indirect or
consequential damages) or costs which might be incurred as a result of the information being
inaccurate or incomplete in any way and for any reason.
This site may contain hypertext links, frames or other references to other parties and their
websites. CARLIGHT cannot control the contents of those other sites, and make no warranty
about the accuracy, timeliness or subject matter of the material located on those sites.
CARLIGHT do not necessarily approve of, endorse, or sponsor any content or material on such
sites. CARLIGHT make no warranties or representations that material on other websites to
which this website is linked does not infringe the intellectual property rights of any person
anywhere in the world.
CARLIGHT are not, and must not be taken to be, authorising infringement of any intellectual
property rights contained in material or other sites by linking or allowing links to, this website
to such material on other sites.
If you have any concerns regarding the content of the Website, please contact CARLIGHT.
Last updated: 30th June 2022
General information about visits to our Websites is collected by our computer servers, with
small files “cookies” that our Websites transfers to your computer’s hard drive through your Web
browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of
movements of users by letting us know which pages on our Websites are visited, in what order
and how often and the previous website visited and also to process the items you select if you
are making purchases from our Websites. The anonymous non-personal information that we
collect and analyse is not personal information as described in the Privacy Act.
- Why do we use “cookies” and other web use tracking technologies?
(a) When you access our Website, small files containing a unique identification (ID)
number may be downloaded by your web browser and stored in the cache of
your computer. The purpose of sending these files with a unique ID number is so
that our Website can recognise your computer when you next visit our Website.
The “cookies” that are shared with your computer can’t be used to discover any
personal information such as your name, address or email address they merely
identify your computer to our Websites when you visit us.
(b) We can also log the internet protocol address (IP address) of visitors to our Website
so that we can work out the countries in which the computers are located.
(c) We collect information using “cookies” and other tracking technologies for
the following reasons:
(i) to help us monitor the performance of our Website so that we can
improve the operation of the Website and the services we offer;
(ii) to provide personalised services to each user of our Website to make their
navigation through our Website easier and more rewarding to the user;
(iii) to sell advertising on the Website in order to meet some of the costs
of operating the Website and improve the content on the Website; and
(iv) when we have permission from the user, to market the services we
provide by sending emails that are personalised to what we understand
are the interests of the user.
(d) Even if you have given us permission to send you emails, you can, at any
time, decide not to receive further emails and will be able to “unsubscribe”
from that service.
(e) In addition to our own cookies, we may also use various third-parties cookies to
report usage statistics of the Website, deliver advertisements on and through
the Website, and so on.
- What are your choices regarding cookies?
If you are unhappy about having a cookie sent to you, you can set your browser to refuse
cookies or choose to have your computer warn you each time a cookie is being sent.
However, if you turn your cookies off, some of our services may not function properly.
CARLIGHT (“we, us, our”) may receive compensation for recommendations made in reference
to the products or services on www.parts.carlight.com.au. Where required, we adhere to ACCC
This compensation may be in the form of money, services, products, discounts,
or special access and could exist without any action from a website visitor.
Should you purchase a product or service that was recommended and/or
linked on www.carlight.com.au, it is understood that some form of
compensation may be made to us by the owners of that product or service.
For example, if you click on an affiliate link at www.carlight.com.au and
then make a purchase of the recommended product or service, we may
receive monetary compensation.
This Affiliate Disclosure has been provided for your protection and to
fully disclose any relationship between us and the owners of any
products or services referenced on our website.
website located at www.parts.carlight.com.au.
1. What is ‘personal information’?
(a) The Privacy Act 1988 (Cth) currently defines ‘personal information’ as
meaning information or an opinion about an identified individual or an
individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) If the information does not disclose your identity or enable your identity to be
ascertained, it will in most cases not be classified as ‘personal information’
2. What information do we collect?
(a) The kind of personal information that we collect from you will depend on how
you use the website. The personal information which we collect and hold about
you may include:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
3. How we collect your personal information
(a) We may collect personal information from you whenever you input
such information into the website.
(b) We also collect cookies from your computer which enable us to tell when you use
the website and also to help customise your website experience. As a general rule,
4. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with
the best service experience possible on the website.
(b) We customarily disclose personal information only to our service providers who
assist us in operating the website. Your personal information may also be
exposed from time to time to maintenance and support personnel acting in the
normal course of their duties.
(c) By using our website, you consent to the receipt of direct marketing material. We
will only use your personal information for this purpose if we have collected such
information direct from you, and if it is material of a type which you would
reasonably expect to receive from us. We do not use sensitive personal
information in direct marketing activity. Our direct marketing material will include
a simple means by which you can request not to receive further communications
of this nature.
5. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information
we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you
to correct inaccurate personal information subject to certain exceptions. If you would like to
obtain such access, please contact us as set out below.
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your
personal information, please contact us as set out below. All complaints will be considered by
Business Manager and we may seek further information from you to clarify your concerns. If
we agree that your complaint is well founded, we will, in consultation with you, take
appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may
refer the matter to the Office of the Australian Information Commissioner.
7. Overseas transfer
Your personal information will not be disclosed to recipients outside Australia unless you
expressly request us to do so. If you request us to transfer your personal information to an
overseas recipient, the overseas recipient will not be required to comply with the
Australian Privacy Principles and we will not be liable for any mishandling of your
information in such circumstances.
In some circumstances, the European Union General Data Protection Regulation (GDPR)
provides additional protection to individuals located in Europe. The fact that you may be
located in Europe does not, however, on its own entitle you to protection under the
GDPR. Our website does not specifically target customers located in the European Union
and we do not monitor the behaviour of individuals in the European Union, and
accordingly the GDPR does not apply.
9. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a
complaint about our privacy practices, you can contact us through: firstname.lastname@example.org.