Terms and Conditions

Your relationship with Carbon Equipment

Your use of Carbon Equipment’ products, software, services and website ("Services") is subject to the terms of a legal agreement between you and Carbon Equipment. "Carbon Equipment" means Carbon Areion Pty Ltd ABN 83 616 769 870. This document explains how the agreement is made and sets out the terms of that agreement.

These Terms and Conditions form a legally binding agreement between you and Carbon Equipment in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the "Terms".

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

  • (A) clicking to accept or agree to the Terms, where this option is made available to you by Carbon Equipment in the user interface for any Service; or
  • (B) by using the Services. In this case, you understand and agree that Carbon Equipment will treat your use of the Services as acceptance of the Terms from that point onwards.

Provision of the Services by Carbon Equipment

Carbon Equipment is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Carbon Equipment provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that Carbon Equipment may stop (permanently or temporarily) providing the Services (or any feature of the Services) to you or to users generally at Carbon Equipment’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to inform Carbon Equipment when you stop using the Services.

Use of the Services by you

You agree to use the Services only for the purposes that are permitted by (a) the Terms and (b) any applicable law (including any law regarding the export of data or software to and from Australia or other relevant countries).

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with Carbon Equipment, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that Carbon Equipment has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage which Carbon Equipment may suffer).

Pricing and taxes

Carbon Equipment reserves the right to change the prices of Products and Services at any time without notice to you. The price displayed at the time that you place your order for Products (“Order”) will continue to apply to you even if the price changes before your order is accepted by Carbon Equipment.

In addition to the price for the Products, you must also need to pay the specified delivery charge (if any) ("Delivery Charge").

If Carbon Equipment agrees to deliver Products outside of Australia, international delivery charges will apply ("International Delivery Charges"). You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customs or import duties.

By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in AUD dollars.

Orders

An Order submitted by you is an offer by you to purchase the Products for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Carbon Equipment may accept or reject your offer in its absolute discretion. In particular, but without limitation, Carbon Equipment may reject Orders for commercial quantities of Products. If you wish to order commercial quantities of Products please contact.

Each Order that you place will, if accepted by Carbon Equipment, be a separate and binding agreement between you and Carbon Equipment with respect to the supply of the Products ordered, in accordance with these Terms.

Please ensure that you enter all information carefully when placing an Order. You warrant to Carbon Equipment that all information provided by you in relation to each Order is complete, true and accurate.

Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Carbon Equipment. Carbon Equipment will use reasonable endeavours to cancel or change the Order if it has not already been shipped, but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Carbon Equipment will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Carbon Equipment, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Where you place separate Orders the Products will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge and/or International Delivery Charge, if applicable) will apply to each Order. Carbon Equipment cannot consolidate separate Orders into one delivery.

When Carbon Equipment accepts an Order it represents an agreement by Carbon Equipment to supply the Products to you in accordance with your Order subject to receiving payment from you and subject to these Terms.

Carbon Equipment may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Carbon Equipment reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

Products that you have ordered will not be dispatched to you until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

Carbon Equipment reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Carbon Equipment may do this for example, but without limitation, where:

  • (A) Carbon Equipment’ suppliers are unable to supply Products that they have previously promised to supply;
  • (B) an event beyond Carbon Equipment’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Carbon Equipment is unable to supply the Products within a reasonable time.

We endeavour to ensure that all information on our website, including the details, descriptions and prices of our products, is accurate. However, errors may occur from time to time. We reserve the right to cancel an Order (or part of it) prior to shipment where the apps or website contained errors or inaccuracies, including, without limitation, out-of-date information and incorrect pricing, and misdescriptions or incorrect details regarding shipping, payment or return policies (all, Inaccuracies). Upon discovery of an Inaccuracy, we will contact you as soon as practicable to discuss a replacement Order.

If Carbon Equipment cancels your Order after acceptance, it will send you an email notifying you of the cancellation. If Carbon Equipment cancels your Order after payment has been processed, Carbon Equipment will refund any money paid in respect of that Order

Delivery of Products

Risk and title in Products pass to you on the date and time of delivery of the Products.

You should inspect delivered Products and tell us in writing within 7 days of delivery if the Products are damaged or defective.

Our returns policy is defined below.

Privacy and your personal information

For information about Carbon Equipment' data protection practices, please read Carbon Equipment' privacy policy. This policy explains how Carbon Equipment treats your personal information and protects your privacy when you use the Services.

You agree to the use of your personal information in accordance with Carbon Equipment' privacy policy.

Content in the Services

You understand that all information provided by persons other than Carbon Equipment which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the person who provides that Content to Carbon Equipment (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told in writing that you may do so by Carbon Equipment or by the owners of that Content.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Carbon Equipment has no responsibility to you or to any third party for) any Content that you create, record, transmit, post or display while using the Services and for the consequences of your actions (including any loss or damage which Carbon Equipment may suffer) by doing so.

Proprietary rights

You acknowledge and agree that Carbon Equipment (or Carbon Equipment’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with Carbon Equipment, nothing in the Terms gives you a right to use any of Carbon Equipment’ trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

Ending your relationship with Carbon Equipment

The Terms will continue to apply until terminated by either you or Carbon Equipment as set out below.

Carbon Equipment may at any time terminate the Terms if:

  • (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with any provision of the Terms); or
  • (B) Carbon Equipment is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • (C) Carbon Equipment is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  • (D) the provision of the Services to you by Carbon Equipment is, in Carbon Equipment' opinion, no longer commercially viable.

Nothing in this Section shall affect Carbon Equipment’ rights regarding the provision of Services under Section 4 of the Terms.

When these Terms come to an end, all of the legal rights, obligations and liabilities that are expressed to continue, shall be unaffected by this cessation.

Exclusion of warranties

Nothing in these terms, including sections 15 and 16, shall exclude or limit Carbon Equipment’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, conditions or guarantees or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, conditions or guarantees, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

In particular, Carbon Equipment, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  • (A) Your use of the services will meet your requirements,
  • (B) Your use of the services will be uninterrupted, timely, secure or free from error,
  • (C) Any information obtained by you as a result of your use of the services will be accurate or reliable, or
  • (D) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

No advice or information, whether oral or written, obtained by you from Carbon Equipment or through or from the services shall create any warranty not expressly stated in the terms.

Carbon Equipment further expressly disclaims all warranties, conditions and guarantees of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

Subject to the clause above, you expressly understand and agree that Carbon Equipment, its subsidiaries and affiliates, and its 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 not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

The limitations on Carbon Equipment’ liability to you above shall apply whether or not Carbon Equipment has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be customised according to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by Carbon Equipment on the Services are subject to change without specific notice to you.

In consideration for Carbon Equipment granting you access to and use of the Services, you agree that Carbon Equipment may place such advertising on the Services.

Other content

The Services may include hyperlinks to other websites or content or resources. Carbon Equipment has no control over any websites or resources which are provided by companies or persons other than Carbon Equipment.

You acknowledge and agree that Carbon Equipment is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that Carbon Equipment is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Changes to the Terms

Carbon Equipment may make changes to the Terms from time to time. When these changes are made, Carbon Equipment make a new copy of the changed Terms available at https://www.carbonequipment.com.au/terms-and-conditions.

You understand and agree that if you use the Services after the date on which the Terms have changed, Carbon Equipment will treat your use as acceptance of the updated Terms.

General legal terms

The Terms constitute the whole legal agreement between you and Carbon Equipment and govern your use of the Services (but excluding any services which Carbon Equipment may provide to you under a separate written agreement), and completely replace any prior agreements between you and Carbon Equipment in relation to the Services.

You agree that Carbon Equipment may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if Carbon Equipment does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Carbon Equipment has the benefit of under any applicable law), this will not be taken to be a formal waiver of Carbon Equipment’ rights and that those rights or remedies will still be available to Carbon Equipment.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Carbon Equipment under the Terms, shall be governed by the laws of the state of Victoria, Australia without regard to its conflict of laws provisions. You and Carbon Equipment agree to submit to the exclusive jurisdiction of the courts located within Victoria to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Carbon Equipment shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.