IN GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”).

By using the Services, you are agreeing to all of the below Terms of Service, which may be updated by us from time to time without notice.

You should check this page regularly to take notice of any changes we may have made.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.

PRIVACY POLICY

These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. By using this Website, you consent to the processing of information as described therein and certify that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this Website.

You will not: commit or encourage a criminal offence; transmit ordistribute a virus, trojan, worm, logic bomb or post any other materialwhich is malicious, technologically harmful, in breach of confidence orin any way offensive or obscene; hack into any aspect of the Service;corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicitedadvertising or promotional material, commonly referred to as “spam”;or attempt to affect the performance or functionality of any computerfacilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributeddenial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of thisWebsite or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content, includingthe Cardonomics brand and all other trademarks, trade names andlogos made available to you on or through this Website remain theproperty of Cardonomics or its licensors and are protected globally bythe relevant copyright laws and treaties. All such rights are reserved by Modern Classica Pty Ltd and its licensors. You may store, print and display thecontent supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute orotherwise reproduce or exploit, in any format, any of the content orcopies of the content supplied to you or which appears on this Websitenor may you use any such content in connection with any business orcommercial enterprise.

TERMS OF SALE

By placing an order for product or services you acknowledge you are entering into a contract of sale with Modern Classica Pty ltd and are therefore subject to the following terms and conditions.

All orders are subject to availability and confirmation of the orderprice.

Dispatch times may vary according to stock availability and anyguarantees or representations made in regards to delivery times are subject to any delays resulting from postal issues or force majeure, for which we will not be held responsible.

In order to contract with Modern Classica Pty Ltd you must be at least the age of majority in your state or province of residence, or the age of majority in your state or province of residence and you have given us yourconsent to allow any of your minor dependents to use this site. You must possess a valid credit or debit card issued by a bank acceptable to us. Modern Classica Pty Ltd retains the right to refuse any request made by you.

Our Contract:

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order – this email will not constitute acceptance of your order. A contract between us for the purchase ofthe goods will not be formed until your payment has been approvedby us and we have debited your credit or debit card.

Pricing and Availability:

While we endeavour to ensure all details, descriptions and pricesappearing on this Website are accurate, errors (including processingor system-syncing errors) may occur. If we discover an error in theprice, listing description or payment of any goods which you haveordered, we will inform you as soon as possible and give you theoption of reconfirming your order at the correct price or for the correctitem, or cancelling it. If we are unable to contact you we will treat theorder as cancelled. If the order is cancelled and you have already paidfor the product/s, you will receive a full refund.

Modern Classica Pty Ltd reserves the right to cancel, at any time before deliveryand for whatever reason, an order that it has previously accepted. Modern Classica Pty Ltd may do this for example, but without limitation, where:

Modern Classica Pty Ltd suppliers are unable to supply Services that they havepreviously promised to supply;

An event beyond Modern Classica Pty Ltd’s control, such as storm, fire, flood,earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Cardonomics is unable to supply the Serviceswithin a reasonable time;

Services ordered were subject to an error on the Website, for example,in relation to a description, price or image, which was not discovered prior to the order being accepted;

Services ordered are subject to specific quantity limits set out by us;

You ask Modern Classica Pty Ltd to cancel your order.

Where applicable, prices are inclusive of GST. Delivery costs will becharged in addition and will be clearly displayed where applicableand included in the ‘Total Cost’.

Our Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We thereforereserve the right to correct any errors, inaccuracies or omissions andto change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies.

Modern Classica Pty Ltd’s prices are subject to change without notice. We reserve the right to modify or discontinue Our Services (or any part orcontent thereof) without notice at any time.

Payment:

Our website accepts payments using Visa, MasterCard and PayPal.Once your payment method has been validated, upon clicking “PlaceOrder” we will debit the funds from your nominated form of paymentimmediately for the full order amount.

Gift Cards:

Gift cards may be physical gift cards or E-Gift cards sent in an email.These are not redeemable for cash. No change will be given for apurchase made with a gift card. Our gift cards expire three years fromthe date of issue. E-Gift cards may take up to 24hours to be delivered to the recipient’s email after purchasing online. Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded orcredited when the card expires. When the cost of a purchase exceedsthe available card balance, the cardholder will be required to make upthe difference with an alternate form of payment. Your gift card istreated as a form of tender and cannot be used on orders where theadditional payment method selected is PayPal or another gift card. Purchases made using multiple gift cards will not be able to be processed on our Website however, if you wish to combine the value oftwo or more gift cards to be used on a single purchase, please contact our Customer Care Team. Gift Cards should be treated like cash. Modern Classica Pty Ltd disclaims all responsibility for lost or stolen cards. Gift cards are strictly not transferrable. Gift cards may not be purchased with reward points, and their purchase will not earn reward points.Customers are not entitled to a refund on the purchase of a Modern Classica Pty Ltd gift card.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without anyguarantees, conditions or warranties as to its accuracy. Unlessexpressly stated to the contrary to the fullest extent permitted by law,Modern Classica Pty Ltd and its suppliers, content providers and advertisershereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the lawof equity and shall not be liable for any damages whatsoever,including but without limitation any direct, indirect, special,consequential, punitive or incidental damages, or damages for loss ofuse, profits, data or other intangibles, damage to goodwill orreputation, or the cost of procurement of substitute goods andservices, arising out of or related to the use, inability to use,performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable orarise in contract, tort, equity, restitution, by statute, at common law orotherwise. This does not affect Modern Classica Pty Ltd’s liability for death orpersonal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded orlimited under applicable law.

LINKING TO THIS WEBSITE

You may link to our Website, provided you do so in a way that is fairand legal and does not damage or take advantage of our reputation.You must not establish a link in such a way to suggest any form ofassociation, approval or endorsement where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

LINKS FROM THIS WEBSITE

If we link to other third-party websites, we take no responsibility for thecontent of, and make no representations as to the accuracy of these websites.

INDEMNITY

You agree to indemnify, defend and hold harmless Modern Classica Pty Ltd, itsdirectors, employees, contractors, agents and affiliates, from any andall third-party claims, liability, damages and/or costs (including, butnot limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

VARIATION

Modern Classica Pty Ltd shall retain the right at its absolute discretion at anytime and without notice to amend, remove or vary the Services and/or any page of this Website.

COMPLAINTS

We operate an established handling procedure which we use to tryand resolve disputes when they first arise. Please let Customer Care know if you have any concerns or comments via support@autoadviser.com.au

WAIVER

If you breach any of these conditions, failure by us to take action willnot constitute a waiver of our rights and remedies arising from thatbreach and we reserve our entitlement to enforce our rights andremedies in relation to that breach or any other situation where youcommit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writingand executed by Modern Classica Pty Ltd.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be interpreted in accordance with thelaws of Victoria, Australia and in the event of any dispute or claimassociated with these Terms of Service, that dispute or claim shall besubject to the exclusive jurisdiction of Victoria, Australia.

SEVERABILITY

Any provision in these Terms of Service which is invalid orunenforceable in any jurisdiction is to be read down for the purpose ofthat jurisdiction, if possible, so as to be valid and enforceable, andotherwise must be severed to the extent of the invalidity orunenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

ENTIRE AGREEMMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Modern Classica Pty Ltd.