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Terms and Conditions: Online Products

Haynes website terms and conditions of supply for Online Products (including Online Manuals and AutoFix products)

1 DEFINITIONS

1.1 In these Terms, the following terms have the following meanings: "Content" means any data, computer and information services and software, and other content and documentation and updates included in and/or supplied by or through our Online Products or in any other way by us. "Intellectual Property Rights" means patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. "Online Manual" means any Content that we supply to you in the form of a manual in electronic format. "Online Products" means any products or services supplied to you by us in digital or electronic format or through our Websites, including but not limited to Online Manuals and Online Services. "Online Service" means any service hosted by us through which you are able to access Content, including but not limited to AutoFix. "Product Lifetime" means the time period in which we will continue to make an Online Product available to customers. The Product Lifetime shall end when we discontinue the relevant Online Product. The Product Lifetime shall be a minimum of three years from the date on which you purchase the relevant Online Product. "Terms" means these terms and conditions. "Website" means any website hosted by us, including but not limited to www.haynes.com.

2 THESE TERMS

2.1 What these Terms cover. These are the terms and conditions on which we supply Online Products to you. Please refer to Haynes' terms and conditions of supply for goods if you are purchasing hard copy products, such as hard copy manuals. 2.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Online Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

3 INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are Haynes Manuals Inc, with our registered office and main trading address at 6, The Crescent, Kingsgrove, Sydney NSW 2208. Our VAT number is GB 323 6351 79. 3.2 How to contact us. You can contact us by writing to cs@haynes.com.au. 3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or when registering your details with us. 3.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

4 OUR CONTRACT WITH YOU

4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are experiencing an unforeseen technical difficulty. 4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 4.4 User registration. You may be required to register your details and/or open an account to access or order certain Online Products. Where you have not already expressly accepted these Terms, submission of your registration and accessing Online Products shall amount to deemed acceptance of these Terms. Each registration is for a single user only. We do not permit you to share user names and passwords with any other person save as outlined in clause 16.2. It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. You should notify us immediately of any unauthorised use of or access to your account as soon as you become aware of it.

5 OUR PRODUCTS AND LICENSED USE

5.1 Supported browsers. Our Online Products can be accessed using any of the following web browsers: [LIST]. Please ensure that you are able to support and access at least one of these browsers before purchasing Online Products. 5.2 Licensed use. We grant you a non-exclusive, non-transferable licence (without rights to sub-licence to any third party) to access and use Content in electronic format for your non-commercial use for the Product Lifetime (subject to clause 11.1), but without any right to copy, modify, extract or re-utilise any information or data within such Content other than as expressly set out in this clause 5.2. 5.3 You may not delete any of our intellectual property protection notices from Content or Online Products. 5.4 You shall not reverse engineer, separate or otherwise tamper with the Content so that Content can be extracted and used for any purpose outside the scope of these Terms. 5.5 All other uses of the Content other than permitted by these Terms are prohibited. If you wish to use Content in a manner which is not authorised by these Terms, please contact us. 5.6 The Content that Online Products are based on is partly derived from third party sources. We do not warrant the accuracy or completeness of any information or Content provided unless we would reasonably have been alerted to any omission, error or inaccuracy in the Content.

6 INTELLECTUAL PROPERTY

6.1 You acknowledge and agree that all Intellectual Property Rights in the Content and Online Products are and shall continue to be owed by us or our licensees and nothing in these Terms shall transfer, assign or grant any rights to you (save for the licence set out at clause 5). 6.2 The names, images and logos identifying us, our partners or third parties and our/their products and/or services contained in Online Products are proprietary marks and may not be reproduced or otherwise used without express permission.

7 OUR RIGHTS TO MAKE CHANGES

7.1 Minor changes to Online Products. We may make minor changes to an Online Product: 7.1.1 to reflect changes in relevant laws and regulatory requirements; and 7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the relevant Online Product. 7.2 Updates to Content and/or Online Products. We may update Content and/or Online Products, provided that the Content and/or Online Product shall always match the description of it that we provided to you before you bought it. 7.3 Our right to withdraw or discontinue Online Products. We may discontinue or withdraw any of our Online Products at our sole discretion, with immediate effect and without prior notice to you. We will never discontinue or withdraw a Online Product within 3 years of the date that you purchased that product.

8 PROVIDING THE PRODUCTS

8.1 When we will provide Online Products. We will make Online Products available to you online as soon as we accept your order. We will email you a link from which the relevant Online Product can be accessed. 8.2 We are not responsible for delays outside our control. If our supply of Online Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Online Products you have paid for but not received. 8.3 What will happen if you do not give required information to us. We need certain information from you so that we can supply Online Products to you, for example, we need your correct email address so that we can email you a link to access Online Products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Online Product late or not supplying it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 8.4 Reasons we may suspend supply of Online Products to you. We may have to suspend the supply of an Online Product to: 8.4.1 deal with technical problems or make minor technical changes; or 8.4.2 update Content and/or Online Products to reflect changes in relevant laws and regulatory requirements. 8.5 Your rights if we suspend the supply of Online Products. We will contact you in advance to tell you we will be suspending supply of an Online Product, unless the problem is urgent or an emergency, in which case we will contact you if we have to suspend the product for longer than 24hours. Where we contact you to tell you that we will be suspending (or have suspended) supply of an Online Product: 8.5.1 if you have not yet received the Online Product, you shall be entitled to end the contract pursuant to clause 9.2.4; or 8.5.2 if you have already received the Online Product and the suspension is for a consecutive period of more than 7 days, you shall be entitled to end the contract with us and you may be entitled to receive a refund of a proportion any sums you have paid for the product. Refunds shall be awarded at our sole discretion, taking into account the purchase date, time elapsed since purchase, the anticipated length of the suspension and the value of sums paid for the product.

9 YOUR RIGHTS TO END THE CONTRACT

9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: 9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12; 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; or 9.1.3 If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. 9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any Online Products which have not yet been provided and you may also be entitled to compensation. The reasons are: 9.2.1 we have told you about an upcoming change to the Online Product or these Terms which you do not agree to (see clause 7.2); 9.2.2 we have told you about an error in the price or description of the Online Product you have ordered and you do not wish to proceed; 9.2.3 there is a risk that supply of the Online Products may be significantly delayed because of events outside our control; 9.2.4 we have suspended supply of the Online Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or 9.2.5 you have a legal right to end the contract because of something we have done wrong. 9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms. 9.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Online Products after you have started to access or these. 9.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start accessing the Online Product.

10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at cs@haynes.com.au. Please provide your name, details of the order and, where available, your phone number and email address. 10.2 How we will refund you. We will refund you the price you paid for the Online Products, by the method you used for payment. However, we may make deductions from the price, as described below. 10.3 When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.

11 OUR RIGHTS TO END THE CONTRACT

11.1 We may end the contract if you break it. We may end the contract for an Online Product at any time by writing to you if: 11.1.1 you do not, within a reasonable time of us asking for it, provide us with correct information that is necessary for us to provide Online Products, for example, your email address; or 11.1.2 you are in material breach of these Terms and, if such breach is capable of remedy, you fail to remedy the breach within 30 days of us notifying you in writing, specifying the breach and requiring it to be remedied. 11.2 Consequences of termination. If we end the contract due to any of the reasons outlined in clause 11.1, you shall: 11.2.1 Immediately cease to use the affected Online Products and Content; and 11.2.2 within 30 days of us ending the contract, destroy all Content relating to the terminated contract in any media which is in your possession or control.

12 IF THERE IS A PROBLEM WITH THE PRODUCT

12.1 How to tell us about problems. If you have any questions or complaints about a Online Product, please contact us. You write to us at cs@haynes.com.au. 12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. a) For digital content, it must be as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you're entitled to a repair or a replacement. c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation See also clause 9.3. See also Exercising your right to change your mind.

13 PRICE AND PAYMENT

13.1 Where to find the price for Online Products. The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Online Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order. 13.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the Online Product, we will adjust the rate of GST that you pay, unless you have already paid for the Online Product in full before the change in the rate of GST takes effect. 13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and disable you from accessing the product. 13.4 When you must pay and how you must pay. We accept payment with VISA, Mastercard, Discover, Maestro and PayPal. For Online Products, you must pay for the products before you access and use them.

14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 Content provided "as is". Whilst we endeavour to ensure that information or Content included in our Online Products is correct, such information and Content is provided on an "as is" basis, without any conditions, warranties or other terms attached of any kind. Save as expressly set out in this clause 14, we accept no responsibility and shall not be liable for any loss caused as a result of any reliance upon information or Content included in our Online Products. 14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2. 14.4 Damage caused by defective Content. If defective Content and/or Online Products which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. 14.5 We are not liable for business losses. We only supply Online Products for domestic and private use. If you use Online Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15 HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our https://haynes.com/en-au/privacy-policy.

16 OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. Consent shall be given solely at our discretion. 16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms. 16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of NSW and you can bring legal proceedings in respect of the products in NSW courts.