Ellaspede Custom Motorcycles, Apparel and Accessories

Terms + Conditions

ELLASPEDE WEBSITE USE TERMS AND CONDITIONS

Ownership of site; Agreement of Terms of Use. These terms and Conditions of use apply to the Heluva Pty Limited (Heluva) website www.ellaspede.com and all associated sites linked to www.heluva.com.au by Heluva, its subsidiaries and affiliates and all collectively know as the Heluva site. The Heluva and Ellaspede sites are the property of Heluva Pty Limited. BY USING THESE SITES, YOU AGREE TO THE THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THESE SITES.

Heluva reserves the right, at its sole discretion to change, modify, add or remove portions of the Terms and Conditions, at anytime without notification or prior consent. It is your responsibility to check these Terms and Conditions periodically for changes. Continued use of the website after changes means that you accept and agree to the new Terms and Conditions. So long as you agree and comply with the Terms and Conditions set out, Heluva grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Heluva Site.

CONTENT

Content is known as but not limited to all text, interface, graphics, vector graphics, photography, videos, music, audio, trademarks, logos, artwork, coding, user interface, design, structure, coordination, expression, selection, arrangement, ‘Flow’ of Content contained on the Site id owned, controlled or licensed by or to Heluva and is protected by trademark, copyright, patent and numerous other intellectual property rights and unfair competitions clauses, policies or laws.

No part of the Heluva or Ellaspede Site is to be, (not exclusive to the following), copied, republished, reproduced, uploaded, publicly displayed, posted, mirrored, encoded, translated, transmitted or distributed in anyway to any website, external storage device, internal storage device, computer or server without the prior written consent of a Director Heluva representative.

Purpose made information may be used and downloaded from Heluva or Ellaspede sites including data, specifications, product retailers and pricing sheets. This information is for personal use only. No modification is to be made nor should content be copied, republished, reproduced, uploaded, publicly displayed, posted, mirrored, encoded, translated, transmitted or distributed in anyway to any website, external storage device, internal storage device, computer or server without the prior written consent of a Director of Heluva.

USE OF SITE

You may not use any ‘spider’, ‘deep-link’, ‘page-scrape’, ‘robot’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, or automated process to copy monitor any portion of the Heluva or Ellaspede Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Heluva Site or any Content, to obtain or attempt to obtain any material, documents or information through any means not purposely made available through the Heluva or Ellaspede Site. Heluva reserves the right to bar any activity of this nature.

You may not attempt to gain unauthorized access to any portion or feature of the Heluva or Ellaspede Site, or any other system(s) or network(s) connected to the Heluva or Ellaspede Site or to any Heluva or Ellaspede server, or to any other services offered through a Heluva or Ellaspede Site, by hacking, password ‘mining’ or ‘trolling’ or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Heluva or Ellaspede Site or any network connected to the Heluva or Ellaspede Site, nor breach the security or authentication measures on the Heluva or Ellaspede Site or any network connected to the Heluva or Ellaspede Site. You may not reserve, look up, trace or seek, scan or mine any information on any other user or visitor to any Heluva or Ellaspede Site or any customer of Heluva Pty Limited, including but not exclusive to Heluva user accounts, Ellaspede buyers accounts, exploit the Heluva or Ellaspede Site or information contain within the Heluva or Ellaspede Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Heluva or Ellaspede Site or Heluva’s systems, networks or any other system(s) or network(s) connected to the Heluva or Ellaspede Site or Heluva.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Heluva or Ellaspede Site or any transaction being conducted on the Heluva or Ellaspede Site, or with any other person’s/ user’s use of the Heluva or Ellaspede Site.

You agree that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Heluva or Ellaspede on or through the Heluva or Ellaspede Site or any service offered on or through the Heluva or Ellaspede Site. You may not pretend that you are, or represent that you are someone else or impersonate any other individual or entity.

You may not use the Heluva or Ellaspede Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Heluva or others.

PURCHASES

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Heluva or Ellaspede Site, including but not exclusive to contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide and follow other Terms and Conditions, including that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Conditions and the terms posted for or applicable to a specific portion of the Heluva Site or for any service offered on or through the Heluva or Ellaspede Site, the latter terms shall control with respect to your use of that portion of the Heluva Site or the specific service.

Heluva’s obligations, if any, with regards to its products and services are governed solely by the agreements pursuant to which they are provided and nothing on the Heluva or Ellaspede Site should be construed to alter such agreements.

Heluva reserves the right to make amendments and changes to any product, service or price on the Heluva or Ellaspede Site without prior notification or notice. The materials on the Heluva or Ellaspede Site with respect to products, services and prices may be out of date and Heluva makes no commitment to update the materials on the Heluva or Ellaspede Site.

The following terms also govern, should be read in conjunction with and apply to your use of the Heluva or Ellaspede Site and they are incorporated herein by this reference:

Trademark Information

Product Warranty

Copyright

Privacy Prevention or Privacy Policy

These documents and policies can be amended or changed without prior notice or consent and are effective immediately upon posting to any Heluva or Ellaspede Site.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Heluva or Ellaspede Site may require you to create and open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including but not exclusive to your password, username and for any activity or content related to creating the account. You agree to notify Heluva immediately if your account details have been breached or unauthorized access has occurred.

You may not use another user’s account name or password without the expressed consent of the holder of that account. Heluva cannot and will not be liable for any loss or damage as a result of your failure to comply with these obligations. Heluva or Ellaspede Site may employ or license third party payment software. Accounts held with other third party are not the responsibility of Heluva.

PRIVACY

Heluva’s Privacy Policy applies to the use of all Heluva or Ellaspede Site and its Terms and Conditions by this reference. To view Heluva’s Privacy policy, click here. Additionally, by using this Heluva or Ellaspede Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to any Heluva or Ellaspede Site may be read or intercepted by others, despite best efforts. Heluva accepts no responsibility for personal information submitted.

SHIPPING

‘Estimated shipping within 48 hours’ refers to the estimated time it will take for items to be lodged at a place of shipping. The actual time may vary and may be effected by weekends, public holidays and / or industrial action. Actual shipping, (delivery), times are unknown and at the discretion of the shipping service. Australia Post will be the primary shipping service used, though some orders may be sent via other shipping providers.  Heluva provides no, nor intends or extends warranty for goods damaged in transit. Shipping service providers may offer insurance for such events.

RETURN

Heluva PTY LTD and the Ellaspede site abide by the Laws and obligations laid out by the AUSTRALIAN COMPETITION AND CONSUMER COMMISSION. Heluva PTY LTD and the Ellaspede site are however, not obligated to abide by any other international, continent, country or state law.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on the Heluva or Ellaspede Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

LINKS

Heluva or Ellaspede Site may contain links to other third party websites. These sites are provided for information and convenience to our visitors. These links are not under Heluva control and Heluva is not responsible for and does not endorse the content of third party links. It is your responsibility to engage and use these links, products and services.

DISCLAIMER

HELUVA DOES NOT PROMISE THAT THE HELUVA OR ELLASPEDE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE HELUVA SITE IS SUBJECT TO CHANGE WITH OUT NOTIFICATION. HELUVA CANNOT ENSURE AND WILL NOT BE LIABLE FOR ANY FILES OR DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES, CONTAMINATION OR DESTRUTIVE FEATURES. HELUVA DISCLAIMS ALL WARRATIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT EXCLUSIVE TO ANYWARRANTIES OF ACCURACY, NON-INFRIGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HELUVA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE HELUVA OR ELLASPEDE SITE OR HELUVA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HELUVA FOR DISSTISFACTION AS A RESULT OF THE CONTENT ON THE HELUVA SITE IS TO SIMPLY STOP USING THE SITE.

The above disclaimer applies to any damages, liability or injuries cause by failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use whether for breach of contract, tort negligence or any other cause of action.

Heluva reserves the right to perform any of the following at any time.

  1. Modify, terminate, delete all or a portion of the content of the site without the need for notification
  2. Modify, change the content of all or a portion of the content of the without the need for notification
  3. Interrupt the operation of the Heluva Site or portion of Heluva Site for maintenance

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Heluva be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including but not exclusive to lost profits, even if Heluva has been advised of the possibility if such damages.

INDEMNITY

By using the site you agree to indemnify Heluva, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses made against any third part due to or arising out of or in connection to the use of the Heluva or Ellaspede Site.

VIOLATION OF TERMS AND CONDITIONS

Heluva may choose to disclose your information if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Heluva Site, or in order to identify, contact or solicit legal action against you or someone who is causing or who has caused injury, whether intentional or unintentional to Heluva’s rights, property, visitor’s rights, Heluva customers and Heluva accounts. Heluva reserves the rights at all times to publicly disclose any information it sees fit to apply with any applicable law, regulation, policy, and legal process or government request. Heluva may also disclose your information to another company or organisation if the disclosure aids in fraud protection.

By using the site you agree that Heluva may preserve, copy and make public at any time any transmittal or communication by you with Heluva through the Heluva Site or any other service offered on or through the Heluva Site. The disclosure of this content will be to:

  1. Comply with a legal process
  2. Enforce the Terms and Conditions
  3. Respond to action or claims that any such data violates the rights of others
  4. Protect the rights, property or personal safety of Heluva, its employees, users, and the public

If Heluva deems your use of Heluva or Ellaspede Site a breach of the Terms and Conditions set out we reserve the right to terminate or block your use of the site with out the need for prior notification. By using the Heluva or Ellaspede Site you agree that if you violate any of the Terms and Conditions set out that Heluva will see any breach as unlawful and unfair business practice, and will cause irreparable harm to Heluva. Heluva reserves the right to prosecute those who are in breach to the full extent of the law. If Heluva take legal action against you as a result of a breach to the Terms and Conditions, Heluva is entitled to recover from you and you agree to pay all reasonable attorney fees and costs as a result of this action, in addition to any other relief granted to Heluva.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that Australian Law will govern all matters relating to your access to or use of Heluva or Ellaspede Site and including all disputes. These Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises from these terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia

The information contained in the website is subject to change without notice. Copyright © 2009 Heluva Pty Limited. All Rights reserved. Heluva Pty Limited, PO Box 1278, Spring Hill QLD 4004, Australia.