Terms of service

NO LIABILITY ACCEPTANCE

1. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, Phantom Offroad Products is not liable for the improper installation of rooftop tents, awnings, or any other products requiring installation. This includes any claims under contract, tort, statute, or otherwise.

Phantom Offroad Products accepts no liability for loss or damage incurred from improper installation of our products. Customers must ensure that installation is performed correctly to avoid potential risks or issues.

2. Advice Disclaimer

We make every effort to ensure the accuracy of advice regarding the installation of our products. However, to the maximum extent permitted by law, no guarantee, warranty, or representation (express or implied) is provided regarding the accuracy, reliability, or completeness of our advice.

All advice, manuals, and videos provided are for general informational and educational purposes only. Professional installation services are strongly recommended for all Phantom Offroad Products.

3. Weight Considerations

While we strive to provide accurate weight specifications for all products, this information is for guidance only and not guaranteed.

Customers are responsible for ensuring their vehicle can safely support the weight of rooftop tents, awnings, or other products, and for consulting their vehicle manufacturer's roof weight capacity specifications. Phantom Offroad Products disclaims liability for any damage or loss resulting from failure to adhere to these considerations.

4. Electrical Connections

We do not perform installations of electrical components. All 12V electrical connections must be installed by a qualified auto electrician.

Phantom Offroad Products disclaims liability for loss or damage resulting from electrical faults caused by improper installation of electrical connections.

5. Regular Maintenance

Ongoing maintenance of rooftop tents, awnings, and other products is essential to ensure reliability and safety. Maintenance responsibilities fall solely on the customer.

Customers must regularly check fixings, bolts, and other fittings to ensure proper operation and safe use of all Phantom Offroad Products. Failure to perform regular maintenance may result in damage, for which we disclaim liability.

6. Reserve Right to Amend

Phantom Offroad Products reserves the right to amend this policy, in whole or in part, at any time without prior notice.

7. Acknowledgment

By purchasing products from Phantom Offroad Products, you acknowledge and accept the terms of this policy. For questions or concerns, please contact us at phantomoffroadproducts@gmail.com.

This policy is designed to safeguard both the interests of our customers and our company while promoting clear communication of responsibilities.

Phantom Offroad Products ABN 31392065436 owns and manages this website. By accessing our website or placing an order, you agree to be bound by these Terms and Conditions, including any related policies or references available via hyperlink. These Terms and Conditions apply to all website users, including but not limited to visitors, vendors, customers, merchants, and content contributors. If you disagree with any part of these Terms and Conditions, please refrain from accessing the website or using our services. Acceptance of these Terms and Conditions is strictly limited to the stated conditions if they are deemed an offer.

New features or tools introduced to the store will also fall under these Terms and Conditions. The most up-to-date version can always be found on this page. We retain the right to amend, alter, or replace any part of these Terms and Conditions by publishing changes on our website. It is your responsibility to periodically review this page for updates. Your continued use of the website following any changes will signify your acceptance of those changes.

1.Definitions

  • "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act.

  • "Competition and Consumer Act" refers to the Competition and Consumer Act 2010 (Cth).

  • "Intellectual Property Rights" encompass copyrights, trademarks (whether registered or not), patents, patent applications, moral rights, service marks, trade names, know-how, trade secrets, domain names, internet addresses, rights in confidential information, and all other intellectual property rights, whether registered or unregistered, including rights to apply for these protections.

  • "Our", "us", or "we" refers to Phantom Offroad Products and its representatives.

  • "Phantom Offroad Products" refers to Phantom Offroad Products and includes its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, and related corporate entities.

  • "Service" encompasses the Website and all information, tools, products, services, and resources offered by Phantom Offroad Products to its customers.

  • "Terms and Conditions" refers to the content outlined on this page of the Website.

  • "Website" refers to https://phantomoffroadproducts.com.au/policies/terms-of-service

  • "You" and "your" denote the individual accessing and using the Website.

2. Online Store Terms

2.1 By agreeing to these Terms and Conditions, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.

2.2 You must not use our products for any unlawful or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction while using our Service (including but not limited to copyright laws).

2.3 You are prohibited from transmitting any worms, viruses, or destructive code.

2.4 Any breach or violation of these Terms and Conditions may result in immediate termination of your Services.

3. General Conditions

3.1 Phantom Offroad Products holds no responsibility for customers installing products on their vehicle roofs. Customers must ensure their vehicles are rated to carry additional weight. This responsibility lies solely with the customer, client, or vehicle owner. More details can be found in Phantom Offroad Products' Liability Disclaimer for Rooftop Tent, Awning, and Other Installations available on our Website.

3.2 To the fullest extent allowed by law, we reserve the right to refuse service to anyone at any time for any reason.

3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its use, or access to the Service or Website content, without our explicit written consent.

3.4 Section headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms and Conditions.

4. Accuracy, Completeness, and Timeliness of Information

4.1 We do not take responsibility for information on this site that may be inaccurate, incomplete, or outdated. The material is provided for general informational and educational purposes only. It should not be solely relied upon when making decisions without consulting primary, accurate, or more up-to-date sources. Reliance on information from this site is at your own risk.

4.2 This site may include historical information, which is provided for reference only and may not be current. While we reserve the right to update content at any time, we are not obligated to do so. It is your responsibility to stay informed about changes to our website.

5. Changes to Services and Pricing

5.1 Product prices, including delivery charges, are displayed on our Website and are subject to change without prior notice. Any product purchased from our Website is conditional upon payment of:

(a) the product’s listed price;
(b) any applicable delivery charges; and
(c) any other associated fees specified on our Website.

5.2 We reserve the right to alter or discontinue the Service (or any part of its content) at any time without notice.

5.3 We hold no liability to you or any third party for any alterations, price adjustments, suspensions, or termination of the Service.

6. Products and Services (if applicable)

6.1 Certain products or services may only be offered online through our Website. These items may have limited availability and are provided at our discretion. We make no assurance regarding the ongoing availability of any item listed.

6.2 While we aim to present accurate depictions of our product colours and images, we cannot guarantee that the colours displayed on your screen will precisely match the actual product.

6.3 We retain the right to restrict product or service sales to specific individuals, geographic areas, or jurisdictions as we deem appropriate. Such decisions may be made on a case-by-case basis. We also reserve the right to limit product or service quantities.

6.4 All product details and prices are subject to alteration at any time without prior notice, solely at our discretion.

6.5 We reserve the right to withdraw any product from sale at any time. Any offer for a product or service presented on this site is void where prohibited by law.

6.6 To the fullest extent permitted by law, including the Australian Consumer Law, we do not guarantee that the quality of our products, services, or information will meet your expectations or that any issues with the Service will be resolved.

6.7 If you believe a product supplied by Phantom Offroad Products is defective, you agree to return it to us for evaluation and potential repair.

(a) If testing confirms a manufacturing defect, the product will be repaired and returned to you free of charge (excluding installation expenses).
(b) If testing determines the defect is due to misuse or improper handling, you will be responsible for all related freight, materials, and labour costs. If you decline to pay these costs, Phantom Offroad Products reserves the right to dispose of the product seven days after notifying you of the findings and associated expenses.

7. Transfer of Ownership

7.1 You acknowledge and agree that ownership of any products supplied by Phantom Offroad Products will only be transferred to you once the product has been delivered and signed for by you or someone authorized to accept delivery on your behalf.

7.2 Any products that have been purchased and are still held by Phantom Offroad Products or are in transit remain the property of Phantom Offroad Products until ownership is formally transferred.

8. Reporting Delivery Damage

8.1 Any damage sustained during delivery must be reported to Phantom Offroad Products within 48 hours of the product's arrival. Phantom Offroad Products will not be held responsible for any transit damage if notification is not received within this timeframe.

8.2 Reports of delivery damage must be submitted via email to phantomoffroadproducts@gmail.com.

9. Billing and Account Information

9.1 We reserve the right to refuse, cancel, or delay any order or booking for legally acceptable reasons. Restrictions may apply to orders placed under the same customer account, using the same credit card, or with the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. We also reserve the right to restrict or deny orders that, in our judgment, appear unauthorized or suspicious.

9.2 You agree to provide accurate, complete, and up-to-date purchase and account details for all transactions with Phantom Offroad Products. You are responsible for updating your account details, including your email address, credit card information, and expiration dates, to ensure successful transactions and effective communication.

10. Optional Tools

10.1 We may offer access to third-party tools over which we have no monitoring, control, or input.

10.2 You acknowledge that such tools are provided on an "as is" and "as available" basis, without any warranties, representations, or endorsements. We bear no liability for issues arising from your use of these optional tools.

10.3 Any use of third-party tools provided through our Website is at your own risk and discretion. You are responsible for reviewing and agreeing to the terms under which these tools are offered by their respective providers.

10.4 We may introduce new services, features, or tools via our Website in the future. Any such additions will also be subject to these Terms and Conditions.

11. Third-Party Links

11.1 Certain content, products, and services accessible through our Service may feature materials provided by third parties.

11.2 Our website may include links to external third-party websites that are not affiliated with us. We do not review or verify the content, accuracy, or reliability of these websites and accept no responsibility for any third-party materials, websites, products, or services.

11.3 We advise you to carefully examine the policies and practices of any third-party website before proceeding with transactions. Any concerns, claims, or inquiries about third-party products should be directed to the respective provider.

11.4 Accessing third-party materials is done at your own risk. We are not responsible for any loss, damage, or issues resulting from dealings with or use of third-party content or services.

12. Comments, Feedback, and Submissions

12.1 If you submit content (such as contest entries), ideas, suggestions, or other materials, whether at our request or voluntarily (collectively called 'comments'), you agree that we may use such content without restriction. This includes editing, copying, publishing, distributing, and translating it in any medium.

12.2 We are not obligated to:

a) Maintain comments as confidential; b) Provide compensation for comments; c) Respond to comments.

12.3 We may, but are not obliged to, review, edit, or remove content that we find inappropriate, unlawful, offensive, defamatory, obscene, or in violation of intellectual property rights or these Terms and Conditions.

12.4 By submitting comments, you confirm that your content does not infringe on third-party rights or contain harmful, unlawful, or misleading material. You must not use a false email address, impersonate others, or mislead us or others regarding your content's origin. You are solely responsible for your comments' content and accuracy. We bear no responsibility for comments posted by you or third parties.

13. Intellectual Property

13.1 Our Website, along with its content, products, images, and presentations, is safeguarded by valid Intellectual Property Rights. All rights to our intellectual property, including the Website's source code, are reserved.

13.2 Except where permitted by the Copyright Act 1968, using our trademarks or copyrighted content without explicit authorization from Phantom Offroad Products is strictly forbidden. Accepting these Terms and Conditions does not imply any grant of rights to our intellectual property.

14. Force Majeure

14.1 Phantom Offroad Products is not liable for delays, disruptions, or failure to fulfill obligations caused by events beyond our reasonable control. This includes, but is not limited to, strikes, natural disasters, fires, explosions, floods, riots, transportation issues, supply shortages, war, terrorist activities, or government actions.

15. Information Security

15.1 Except for credit card data, your content may be transferred unencrypted and may involve:

a) Transmission through multiple networks; and b) Adjustments to comply with technical requirements of connecting networks or devices.

15.2 Credit card information is always encrypted during transmission.

15.3 The submission of your personal information through our store is governed by our Privacy Policy, accessible via a link at the bottom of our Website.

16. Errors, Inaccuracies, and Omissions

16.1 Occasionally, there may be typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping fees, and availability on our site or Service. We reserve the right to correct errors, update content, or cancel orders if discrepancies are found, even after an order is submitted.

16.2 We are not required to revise or amend content on our Website or Service unless mandated by law. Any indicated update or refresh date should not be interpreted as an assurance that all content has been modified or updated.

17. Prohibited Uses

17.1 In addition to the other restrictions set forth in these Terms and Conditions, you are prohibited from using our site or content for:

a) Unlawful activities; b) Encouraging others to engage in unlawful acts; c) Violating laws, regulations, or ordinances; d) Infringing on intellectual property rights; e) Harassing, abusing, or discriminating against others; f) Providing false or misleading information; g) Uploading harmful code or malware that may affect our Service or other websites; h) Collecting or tracking others' personal information; i) Spamming, phishing, or scraping; j) Engaging in obscene or immoral acts; or k) Bypassing or interfering with security features of our Service or related websites.

We reserve the right to terminate your access to our Service or related websites for violating these prohibited uses.

18. Disclaimer of Warranties and Limitation of Liability

18.1 We do not promise or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

18.2 We do not guarantee that any outcomes from using the Service will be accurate or dependable.

18.3 You acknowledge and agree that we may suspend or discontinue the Service at our discretion, without prior notice to you.

18.4 You agree that your use of the Service, or inability to access it, is entirely at your own risk. The Service, along with any products or services provided through it, is offered "as is" and "as available," without any warranties or representations, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

18.5 To the extent permitted by law, including under the Australian Consumer Law, Phantom Offroad Products will not be responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, such as lost profits, revenue, data, or replacement costs, arising from your use of the Service or any products purchased via the Service. This includes any errors, omissions, or losses incurred from using the Service, even if we were notified of the possibility of such issues.

18.6 Where applicable law prohibits the exclusion or limitation of liability for incidental or consequential damages, our liability will be limited to the maximum extent permitted by such law.

19. Indemnification

19.1 You agree to indemnify and hold Phantom Offroad Products, along with our parent company, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees, harmless from any claims, demands, or legal actions, including reasonable attorney’s fees, arising from your breach of these Terms and Conditions or any violation of laws or third-party rights.

20. Severability

20.1 If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable, it will still be enforceable to the fullest extent allowed by law, and the remaining provisions will continue to be in full effect.

21. Termination

21.1 Any obligations or liabilities incurred by either party before the termination date will continue to be in effect even after the agreement ends.

21.2 These Terms and Conditions remain effective unless terminated by either you or us. You can terminate the agreement at any time by notifying us that you no longer wish to use our Services or by discontinuing use of the site.

21.3 If we believe, at our sole discretion, that you have violated any term of these Terms and Conditions, we may terminate this agreement without notice. You will still be responsible for any amounts due up until the termination date, and we may restrict your access to our Services.

22. Entire Agreement

22.1 Failure to enforce any right or provision of these Terms and Conditions does not waive that right or provision.

22.2 These Terms and Conditions, along with any policies or operational rules posted on our site, form the complete agreement between you and us regarding your use of the Service, superseding all prior communications, agreements, and understandings, whether oral or written.

22.3 Any ambiguities in these Terms and Conditions will not be interpreted against the party that drafted them.

23. Governing Law

23.1 These Terms and Conditions, as well as any separate agreements under which we provide Services, will be governed by and interpreted according to the laws of Queensland. Both parties agree to submit to the jurisdiction of the courts and tribunals in Queensland, as well as the Federal Court of Australia.

24. Changes to Terms and Conditions

24.1 You can view the most up-to-date version of these Terms and Conditions at any time on this page.

24.2 We reserve the right, at our discretion, to modify, update, or replace any portion of these Terms and Conditions by posting changes on our Website. It is your responsibility to review these updates regularly. Your continued use of the Website or Service after changes have been posted constitutes your acceptance of the updated Terms and Conditions.

25. Contact Information

25.1 If you have any questions about these Terms and Conditions, please contact us at phantomoffroadproducts@gmail.com.