Terms of Service for Siege Industries Pty Ltd T/A Siege Overland
This website is operated by Siege Industries Pty Ltd Trading As Siege Overland. Throughout the site, the terms “we”, “us” and “our” refer to Siege Industries Pty Ltd Trading As Siege Overland. Siege Industries Pty Ltd Trading As Siege Overland offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and/ or orders.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
This includes shipping, freight and third-party payment fees and charges.
It is your responsibility to ensure that items may fit and be suited to your vehicle, whilst we do our best to recommend items that may suit or be available to be purposed for your vehicle, our suggestions are purely general in nature and we make no guarantee that any product or item will fit, improve, or be suited to your vehicle. When purchasing items from our store you accept full liability to research a part’s suitability, all complete all necessary due diligence to understand if a product, modification, or upgrade is safe, appropriate, and legal (in your state, country and territory), and suitable for yourself, your vehicle and the state, town, country whereby you reside.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. This includes changes to freight, shipping, and courier charges; before, after or during an order being processed and fulfilled. Whilst we do our best to ensure that all freight and shipping costs are accurate, we may not be held responsible or liable for any additional charges, overages, or extra fees incurred on an order.
A customer will be forwarded these additional costs, should you refuse to pay these fees we reserve the right to cancel the order and refund you for the amount originally paid (as long as the item has not been shipped and/or provided to you, the customer).
In the instance where the item has been shipped and provided to you and there is an outstanding additional charge or overage, we then reserve the right to invoice and forward any additional costs incurred in the fulfilment, freight, or manufacture of your item/s; this includes but is not limited to shipping, courier, fuel charges, emergency costs (often charged by couriers), legal fees, collection fees - these will be forwarded to you in any instance where there are extra fees incurred. We also reserve the right to forward any costs not paid by you to our legal team and, in some cases to an external collection agency.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, and when shipping is especially expensive, difficult or unreasonable this is possible. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to at times, when necessary, send an additional invoice and or bill for outstanding amounts where additional charges are incurred in relation to your purchase. There is no additional charge, we only seek to collect the deficit in which your product purchase has incurred a loss for example where changes in freight or shipping, additional fuel costs, handling, or additional payment gateway charges; including but not limited to PayPal, Shopify, American Express, Zip Pay and Afterpay charges will be passed on to the customer, and we will not be responsible for.
Fitment of products is not guaranteed in most instances unless listed as an OEM / Original Factory part, specified for your exact vehicle; this includes Model Number, VIN Number, Year Manufactured, Make. Parts fitment, research and understanding is the customer’s sole responsibility, and you agree to do your own due diligence before making a purchase from us. We take no responsibility for this a part or product not fitting and suiting your vehicle, in some cases we MAY accept a return, in such cases this must meet our returns policy. We will return a part within 14 days of you receiving it, or 28 days of shipment (whichever occurs first), an item must be undamaged and unopened per our returns policy.
Siege Industries PTY LTD T/A Siege Overland will not be held liable for any labour fees, costs, damages, or service charges incurred by the installation of any product purchased from our store - this includes when fees, costs or invoices are accrued (from but not limited to; a licensed mechanic, fitter, workshop or installer) on their vehicle, irrespective if a part was purchased from our store.
We are not liable for these costs regardless of correct or incorrect part choice, product fault, installation of correct or incorrect nature; you accept all responsibility for installation costs and fees, risk of damage that modifying a vehicle, or changing its parts whether original or aftermarket, may cause when you purchase any product from our store.
We are not liable for any item received damaged when a third party shipping company, freight, or exporter is utilised. A freight, shipping, or postal company's services are employed on behalf of you, the customer.
In the event an item is damaged in transit it is up to you, the customer to claim insurance through the freight carrier if insurance is a service that you have requested and paid for, and it is available and applicable to your order - if a claim must be made, it must be made within 30 days of receiving an item - this is at the request of most shipping and freight providers, the customer must provide detailed photos of the damage and a detailed description; failure to do so may result in a shipping carrier rejecting a claim. A customer's refusal to provide these details, information and notice of a damaged item within 30 days of receiving a damaged item will result in the refusal of an insurance claim and be considered an invalid claim.
Insurance on items is the choice and responsibility of the customer, any insurance on freighted items is taken out within the terms of the freight carrier, for example, "ABC freight" items will be shipped and insured via their insurance terms and conditions - please contact us and request the specific T&Cs for your specific order and the freight carrier used if you have any questions or concerns. You have the right to choose and utilise the freight carrier of your choice, but the organisation of collection of goods, the insurance and the shipment of the items will be your responsibility - we accept no responsibility of any shipment organised by you. Should you not specify your preference of freight or shipping provider we will use the most economical, affordable or safest choice available to ensure your items arrive safely; our default choice is Auspost for items of non-fragile nature and DHL for fragile and large items.
Any insurance claim for an item that is received damaged must be made within 30 days of receiving your item or the freight may not accept the claim as valid and we are unable to assist further with a claim outside of this timeframe. We, the sender are not liable for any insurance claims or for ensuring a claim is a successful outcome, by making this purchase you, the customer accepts any AND ALL liability WITH RESPECT TO CLAIMING FOR AN ITEM THAT MAY BE DAMAGED IN TRANSIT; claims, liaising with the freight company is wholly your responsibility and YOU accept that we, Siege Industries PTY LTD are not liable for the success and/or acceptance of any claims AND DEVOID OF ALL RESPONSIBILITY WITH REGARDS TO THIS MATTER. FOR MORE INFORMATION PLEASE VISIT EMAIL TEAM@SIEGEOVERLAND.COM
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Whilst we do our best to correctly charge for any additional fees, shipping and the items sold we reserve the right to update, invoice or request additional payment where full payment made does not cover the cost of goods sold, the freight, shipping, or handling of good; their payment in which fees have been incurred. We reserve the right to invoice the customer and will allow 14 days for payment, after 30 days we may forward the owing amount for collection via an external collections agency; you agree to these terms when making a purchase on our site.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). This includes but, is not limited to these Terms of Service.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and our products are at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Siege Industries Pty Ltd Trading As Siege Overland, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not warrant or guarantee the safe shipment of any item, in the event an item is damaged in transit it is up to you, the customer to claim insurance through the freight carrier if insurance is a service that you have requested and paid for, and it is available and applicable to your order. For more information please refer to SECTION 5 of this agreement.
We, the sender are not liable for any insurance claims or for ensuring a claim is a successful outcome, by making a purchase you, the customer accepts this condition and agrees to hold us harmless in the even an item does not arrive safely, does not arrive or arrives damaged or altered due to shipping complications.
The customer accept any AND ALL liability WITH RESPECT TO CLAIMING FOR AN ITEM THAT MAY BE LOST OR DAMAGED IN TRANSIT; claims, liaising with the freight company is wholly your responsibility and YOU accept that we, Siege Industries PTY LTD are not liable for the success and/or acceptance of any claims AND DEVOID OF ALL RESPONSIBILITY WITH REGARDS TO THIS MATTER. FOR MORE INFORMATION PLEASE VISIT EMAIL TEAM@SIEGEOVERLAND.COM
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Siege Industries Pty Ltd Trading As Siege Overland and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party. This also refers to any fitment, labour costs or damage caused to you and, your vehicle, any property, or persons in any instance of poor fitment, incorrect parts choice, incorrect fitment or product fault, damage in transit whereby a third party is involved in the delivery of any product, please see section 5 and section 13 for more information.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.