Terms & Conditions

GMF 4x4 WEBSITE CONDITIONS OF USE

This statement needs to be read together with the Shipping and Returns and the legal privacy statement, which are also on this site.

General

The Website is a service provided by us for the following purposes:

  • informing its Customers,

  • enabling Customers to provide information to GMF4x4, and

  • providing information and commercial services to Business Partners.

By accessing or otherwise using our Website you agree to be bound by these conditions of use and you acknowledge that we provide this Website to you on these conditions of use. GMF4x4 is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Website at any time without notice. Your continued use of the GMF4x4 Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

GMF4x4 owns all intellectual property in this Website unless indicated otherwise. Subject to these conditions of use, GMF4x4 grants to you a non-exclusive and nontransferable limited license to do the following:

  • View and download information directly accessible through this Website.

  • Use information directly accessible through this Website.

You agree that, subject to your use of the GMF4x4 Website in accordance with the limited licence granted to you, you will not infringe GMF4x4 intellectual property in the GMF4x4 Website and will not modify, copy, republish, frame, distribute or communicate any part of the GMF4x4 Website or any information contained therein or otherwise use them in a way which will infringe GMF4x4 intellectual property or other property rights.

Disclaimer

Except as provided by law, the GMF4x4 Website is provided “as is” and without any warranty or condition, express or implied. GMF4x4 does not warrant that the information contained in or accessible through the GMF4x4 Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does GMF4x4 guarantee continuous, uninterrupted or secure access to the Website.

You acknowledge that access and use of the GMF4x4 Website (including the software operating in connection with the GMFx4 Website) may be interfered with by numerous factors outside of GMF4x4 control. GMF4x4 does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the GMF4x4 Website. Subject to the provisions of the Competition and Consumer Act 2010, GMF4x4 makes no representations or warranties in respect of the information and materials available on the GMF4x4 Website or the means of accessing that information and material (including the software operating in connection with the GM4x4 Website).

GMF4x4 makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than GMF4x4 which are or may become linked or framed to or from the GMF4x4 Website.

Use of Information

If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the GMF4x4 Website, you agree that such Content will be available to GMF4x4 to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or

  • infringes the intellectual or other proprietary interests of third parties; or

  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products, and services and any other products or services GMF4x4 considers to be inappropriate; or

  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the GMF4x4 Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the GMF4x4 Website or otherwise breaches or encourages other users to breach these terms of use; or

  • violates any law, statute or regulation; or

  • forges information to disguise the origin of any Content; and

  • encourages or incites any other Customer to engage in any of the above behaviors.

You agree to grant GMF4x4 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favor.

Limitation of Liability

You agree that GMF4x4 is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the GMF4x4 Website, the use by GMF4x4 of information provided by you to GMF4x4 through the GMF4x4 Website or any such loss or damage which may arise should you be unable to access the GMF4x4 Website, for whatever reason and however arising, including negligence.

To the extent that GMF4x4 is able to limit the remedies available under these conditions of use, GMF4x4 expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at GMF4x4 sole discretion):

  • in the case of goods, any one or more of the following:

  • the replacement of the goods or supply of equivalent goods;

  • the repair of the goods;

  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or

  • the payment of the costs of having the goods repaired; and

  • in the case of services:

  • supply of the services again; or

  • the payment of the cost of having the services supplied again.

You indemnify GMF4x4 against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or

  • any breach or inaccuracy in any of your representations or warranties.

Breach and termination

If you breach any provision of these terms of use GMF4x4 may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the GMF4x4 Website. In any event, GMF4x4 may terminate these terms of use (and your right to use the GMF4x4 Website) at any time and for any reason without prior notice to you.

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and GMF4x4 by these terms of use.

Contact us: sales@gmf4x4.au

Transport of goods and liability for damages.

Whilst we and our suppliers take care to ensure goods are dispatched with care, accidental damage can occasionally occur. In these instances, it is essential that you the customer record as much information as possible support your claim against the shipping agency used. For instance we require photos taken Externally and Internally of packaging and of the product showing the damage. This needs to reach us within 8 hours of delivery.

(Third-party transport companies will be involved and will require this evidence)

Please take pictures of the packaging, the damage etc to  Make the claim

In case your item is damaged in transit:

Mandatory Procedure to make an Insurance claim from TNT or other Delivery /  Couriers, who are used by GMF4x4.

Failure to follow this procedure will make the insurance for damage, null and void

and releases GMF4x4 from any responsibility.

  1. You must inspect the packaging for damage on arrival. (if possible show the damage to the delivery driver and before your signature write “ Damaged on arrival” followed by your signature, so they can’t cut the comment off accidentally. You can only expect the driver to wait whilst you do the external check.

  2. Notify us and the driver only. HOLD ONTO THE ITEMS

  3. You must notify GMF4x4 within 8 hours of the delivery by TNT and others if there is damage.

  4. By email, TNT and others, won’t accept phone calls or delays.

  5. You must take photos of outside of packaging and inside of the packaging, showing damage. (The shipping carton and inner packaging/wrapping before opening the package and after opening).

  6. Take photos of the damage from several angles so TNT and others can accurately assess.

  7. You must keep the packaging until the claim is satisfied by TNT and others. This is usually after a visit and inspection by an Insurance assessor for your area.

Do not reject the consignment there and then.

All emails are to be sent to our email address in the contact us page
 
No responsibility will be taken for poor or faulty installation. A competent person should install all installations. All installations are at the customer’s expense as are uninstall expenses if the product is damaged or faulty. If you are not trade qualified to do an Installation you must be supervised by a competent person or have the installation inspected by a qualified person immediately  upon completion

Privacy & Safety

This policy needs to be read together with the Terms and conditions of supply of products statement and Website conditions of use statement, which are on this site.

GMF4x4 aims to provide its customers with the best possible products and service. To achieve this, we aim to make efficient use of the personal information we collect from our customers. We also want our customers and other persons with whom we interact to have confidence that in handling personal information, we afford that information an appropriate level of privacy. This statement sets out our policy for dealing with your personal information.

What kinds of Personal Information do we collect?

Personal Information is any information or an opinion, in any form and whether true or not, about an identified individual or an individual who is reasonably identifiable. The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, dealer, supplier, or in some other capacity.

For example, if you are a customer or a potential customer, we may collect your name, address, email address and telephone number., If you deal with us in some other capacity (for example, as a dealer, a supplier or a stakeholder), we may collect your name, contact details and any other information you choose to provide to us.

If we are not able to collect your personal information, we may not be able to provide you with our products or services or do business with you or the organization with which you are connected.

How do we collect personal information?

We collect your personal information directly from you. This may take place in a number of ways, such as when you interact with us in writing (including if you give us a written order) or ask us to provide a product or service or otherwise deal with us over the telephone or internet.

Our website may also offer interactive facilities, such as customer inquiry or comment forms and competition entry forms, where personal information may be collected. If you enter our competitions using your social media account (where available), we may collect information about you from your social media profile.

In addition, we may obtain personal information of customers and prospective customers from third parties such as, distributors and regulatory authorities, and from marketing and similar lists which are legally acquired by us.

How do we use personal information?

Our staff collects personal information for a range of purposes relating to the products and services we offer. Those purposes include:

  • responding to inquiries regarding sales, products and accessories and services we offer

  • receiving feedback and dealing with complaints

  • processing orders and administering accounts

  • providing customer support

  • marketing and promotional activities

  • product development and market research

  • managing our relationships with our customers, suppliers, and stakeholders

  • meeting our regulatory and legal obligations.

  • We may also use your information for other purposes required or authorized by or under the law (including purposes for which you have provided your consent).

  • insurers and financiers

  • a person outside GMF4x4 who is contracted to us to provide a particular service on our behalf.

  • Eg: mailing houses for bulk mailing of letters and notices;

Sometimes, the law requires us to disclose personal information. For example, information may be disclosed to a court in response to a subpoena or to a Government agency such as a vehicle licensing authority or the Australian Taxation Office.

We may also disclose your personal information to other third parties and for other purposes with your consent. That consent may be written, verbal or implied from your conduct.

Direct marketing

From time to time, we may use personal information to inform our customers, prospective customers and other persons with whom we interact about our products and services, or about special offers, promotions, and events that we think may be of interest to you. We may provide this information using any contact number or address provided, including without limitation by post, phone, email, and SMS. We will generally give you the opportunity to express a wish not to receive direct marketing communications. Your consent to receive direct marketing communications in the above ways will be deemed if you do not opt-out when we offer you the opportunity to do so and will remain current for an indefinite period of time unless and until you advise us otherwise. You can opt-out of receiving direct marketing at any time (see below).

If the law requires us to provide you with information about our products or services, we will provide that information even if you have elected not to receive information about our products and services generally.

How can you opt-out of receiving direct marketing?

You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for any of the above purposes, or you do not wish to be contacted in any of the above ways, by contacting us in any of the ways set out at the bottom of this policy. In some circumstances, we may need to contact you to obtain additional information, to verify your identity or to clarify your request.

Ensuring personal information is up-to-date

We rely on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date.

We take reasonable steps to ensure that the personal information we hold is accurate, complete, up-to-date and relevant whenever we collect or use it. This means that from time to time, we will ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please contact us immediately and we will take reasonable steps to correct it.

Security of personal information

We may store your information in hardcopy and/or in electronic form. Security of personal information is important to us and we take reasonable precautions to protect personal information from misuse, interference and loss, and from unauthorized access, modification or disclosure.

Some of the ways we protect personal information include:

  • external and internal premises security;

  • restricting access to personal information only to staff who need it to perform their day to day functions;

  • maintaining technology products to prevent unauthorized computer access or damage to electronically stored information, such as anti-virus software;

 
Access to personal information by individuals

You can request access to the personal information we hold about you by contacting us in any of the ways set out at the bottom of this policy, and we will generally provide you with access subject to some exceptions permitted by law.

We may charge an access fee to cover the reasonable cost of retrieving the information and supplying it to you.

Access to personal information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. If we deny or restrict your access, we will explain why.

Privacy and cookies

The type of personal information we collect on our website depends on how you make use of the site.

When you visit the site, our host records your server address, domain name, the date and time of the visit and the pages viewed. This information may be collected by using cookies (data sent to your web browser, which generally allows our site to interact more efficiently with your computer). If you disable the use of cookies, your use of our site may be affected.

When visiting our site, you will not be required to provide us with any personal information unless you request information about a product or service or respond to a competition or promotion. In that case, we will ask you to provide your contact details along with other information required to respond to your request or allow you to enter the competition or promotion. If you provide your personal information, cookies may collect and store that information and unless you tell us that you don’t want to be contacted for direct marketing purposes, we may use your information for that purpose.

If you send us an email

If you send us an email containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our Internet Host for maintenance and fault detection purposes. We may also monitor email for legal compliance purposes. Emails may also be sent to our suppliers or contractors when they relate to product or service inquiries or complaints.

Although we take steps to protect information sent by email, email is not a secure method of communication and if you are concerned about sending your personal information to us in this manner you may prefer to contact us in any of the ways set out at the bottom of this policy.

Resolving concerns

If you have any concerns or complaints about the manner in which we have collected or handled your personal information, please let us know. We will investigate your complaint and respond to you in writing within 30 days.

You can contact us by email.

 

Payment Methods

- Credit / Debit Cards
- PAYPAL

- Offline Payments