Terms and Conditions of Website Use and Sale of Products
1. About the Website
- 1.1. Welcome to www.tasplates.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products including but not limited to personalised number plates and related services that have been listed for sale through the Website (the 'Products').Products also includes Gift Vouchers. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
- 1.2. Plate Impressions Pty Ltd (ABN 331 052 622 299) has been appointed in accordance with section 7 of the Vehicle and Traffic Act 1999 as the delegate of the Registrar of Motor Vehicles in the State of Tasmania to undertake some of the functions and powers to register motor vehicles in accordance with Part 5 of the Vehicles and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010, specifically in relation to the products and services relating to personalised number plates. The Website is operated by Plate Impressions Pty Ltd trading as TasPlates (‘TasPlates’). Access to and use of the Website, or any of its associated Products or Purchase Services, referred to, is provided by TasPlates.
- 1.3. Please read these terms and conditions (the 'Terms') and any other related terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
- 1.4. TasPlates reserves the right to review and change any of the Terms by updating this page at its sole discretion, at any time without prior notice to you. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to monitor amended terms and conditions. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TasPlates in the user interface.
3. Information required to use the Purchase Services
- 3.1. In order to access the Purchase Services, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (a) your full name
- (b) your date of birth
- (c) an email address
- (d) Tasmanian drivers licence number
- (e) a mailing address
- (f)a telephone number
- (g) details of any additional owner, including full name and address
- (h) registration details, make and year of manufacture of vehicle;
- (i)information required under the Gift Voucher Terms and Conditions
- 3.2.You warrant that any information you give to TasPlates in the course of completing the Purchase process will always be accurate, correct and up to date.
- 3.3.Once you have completed the Purchase process, including whether purchasing or using a Gift Voucher you will be a Customer of the Website ('Customer') and agree to be bound by the Terms. As a Customer you will be granted immediate access to the Purchase Services.
- 3.4.You may not use the Purchase Services and may not accept the Terms if:
- (a) you are not of legal age to form a binding contract with TasPlates; or
- (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Customer
4.1. As a Customer, you agree to, or have complied with the following:
- (a) You will use the Purchase Services only for purposes that are permitted by:
- (1)these Terms;
- (2) any additional terms and conditions relating to a competition or promotion (if applicable);
- (3) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (4) any use of your personal information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TasPlates of any unauthorised use or any breach of security of which you have become aware;
- (b) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of TasPlates providing the Purchase Services;
- (c) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (d) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by TasPlates for any illegal or unauthorised use of the Website;
- (e) you agree that you will not upload or attempt to upload any material that contains viruses or any other harmful programs, or that will be breach of any laws including intellectual property or privacy rights or is defamatory/threatening/indecent, or interfere with or disrupt the Site, or attempt to gain unauthorised access to any services;
- (f)You acknowledge that any communications, comments, stories or images you send to us (via the Site, email or otherwise) are provided on a non-commercial basis. You agree that we may reproduce, publish, or otherwise use such communications (or edited versions of such communications) including but not limited to your name, an image, or content, in any way, in any media, including our social media sites, for any purpose, without remuneration, subject to relevant privacy laws; and
- (g) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Refund Policy
- 5.1. In using the Purchase Services to purchase the Product or a related service, for example a gift voucher, through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
- 5.2.Payment of the Purchase Price may be made through one of the following third party providers:
- (a) Westpac Pay Way(the 'Payment Gateway Provider') and/or
- (b) via Gift Voucher service (the ‘Gift Voucher’) under additional terms and conditions.
- 5.3.Following payment of the Purchase Price being confirmed by TasPlates, you will be issued with a receipt to confirm that the payment has been received and TasPlates may record your purchase details for future use.
- 5.4.TasPlates may, at their sole discretion, provide a refund on the purchase of the Products within 1 business day of the date of purchase.
6. Use and Ownership of Number Plate Products
- 6.1. You can purchase the TasPlates Products for display purposes or for use on a vehicle.You must make this election at the time of Purchase.
- 6.2.If you chose to use the Product for display purposes only but you later decide you would like to use them on a vehicle, you will need to complete an Application for Replacement Plates and pay the small government fee at a Service Tasmania location.
- 6.3.You have the right to transfer the ownership of a Product.In order to transfer you will need to complete the appropriate transfer documentation and pay the small government fee at a Service Tasmania location.
- 6.4.The Tasmanian government retains the right to recall any Product, whether or not issued and paid for, in certain circumstances, including but not limited to recall for inappropriate content.
- 7.1. Plate Impression's Products come with a manufacturer’s warranty that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
- 7.2.You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 5 years from the date of purchase (the 'Warranty Period').
- 7.3.In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to TasPlates showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to TasPlates at PO Box 1128, HOBART, TASMANIA 7001, Australia or by email at email@example.com. TasPlates will then liaise with the manufacturer and facilitate the approval of the Warranty Claim.
- 7.4.Where the Warranty Claim is accepted, TasPlates will, confirm with you, whether the manufacturer, at its sole discretion, will either repair or replace any defective Products or part thereof with a new, like for like Product (provided that product is still available) during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you may be charged for any postage or shipping costs incurred in facilitating the Warranty Claim.
- 7.5.The Warranty shall be the sole and exclusive warranty granted by TasPlates and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- 7.6.All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- 7.7.The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- 8.1. You acknowledge that the Purchase Services offered by TasPlates integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
- 8.2.In providing the Purchase Services, TasPlates may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that TasPlates is not the provider of these delivery services and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- 8.3.In the event that an item is lost or damaged in the course of the Delivery Services, TasPlates asks that you:
- (a) contact us by sending an email to firstname.lastname@example.org or telephoning our contact centre on 1300 787 060 outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
- 8.4.There are numerous ways for you to return the Product if directed by TasPlates, the Tasmanian government under a recall, or if you simply do not wish to retain them.Product can be returned to any Service Tasmania location.If you choose to return them to TasPlates via the post, you acknowledge and agree that you are liable for any postage and shipping costs.
- 8.5.If you have indicated that the Product is to be attached to a vehicle, you will have two options for returning your existing registration plates either to Tasplates in the addressed envelope provided or to a Service Tasmania location.
9. Copyright and Intellectual Property
- 9.1. The Website, the Purchase Services and all of the related Products of TasPlates are subject to copyright and intellectual property rights. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright, trademarks and patents) in the site, site content and compilation of the website and any subdomain (including text, graphics, logos, button icons, video images, audio clips, forms, process and software) (the 'Content') are owned or controlled (licensed) for these purposes, and are reserved by Plate Impressions Pty Ltd, or its contributors.
- 9.2.Plate Impressions Pty Ltd retains all rights, title and interest in and to the Website, subdomain and all related Content.Nothing you do on or in relation to the Website will transfer to you:
- (a) the business name, trading name, domain name, trade mark (whether registered or otherwise), industrial design, patent, registered design or copyright of Plate Impressions Pty Ltd; or
- (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design (whether registered or otherwise); or
- (c) the right to use, reverse engineer, modify or exploit a system or process that is the subject of a patent (or patent pending), registered design or copyright (or an adaptation or modification of such a system or process).
- 9.3.You may not, without the prior written permission of Plate Impressions Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or the Website for any purpose.
10.Damaged, Lost, Destroyed or Stolen Plates
10.1. Lost, damaged, or stolen Products can be replaced at your expense by contacting TasPlates by telephoning our contact centre on 1300 787 060.
- 12.1. You acknowledge that TasPlates does not make any guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- 12.2. TasPlates will make every effort to ensure Product and Content is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.We do not accept any responsibility for any error, omission, nor defect in the information.All material and Content on the Website is for general information purposes only and is not to be taken as legal or any other advice.If necessary, we recommend that you seek professional advice before acting on any information on the Site.
- 12.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- 12.4. Subject to this clause, and to the extent permitted by law:
- (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- (b) TasPlates we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- 12.5. Use of the Website, the Purchase Services, and any of the Products of TasPlates (including the Delivery Services), is at your own risk.Everything on the Website, the Purchase Services, and the Products of TasPlates, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the TasPlates affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of TasPlates (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of TasPlates) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, any of its Content, or Products (including third party material and advertisements on the Website);
- (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- (d) the Content or operation in respect to links which are provided for the User's convenience.In relation to third party websites, we do not accept responsibility for the condition or content of these linked sites as they are not under our control.Nor should the existence of a link imply any endorsement of the linked website or its contents.Access to these third party websites is at your own risk;
- (e) entry or participation in any competition or promotion run by TasPlates;
- (f)any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- (g) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Browser Requirements
13.1 Using the latest internet browser on your computer will help to improve your TasPlates experience. We support the following minimum browser standards;
- (a) Internet Explorer 10 or later
- (b) Mozilla Firefox
- (c) Google Chrome
- (d) Apple Safari
14.1. What are cookies
- (a) Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Website or a third-party to recognize you and make your next visit easier and the Website more useful to you.
- (b) Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
- (1)To enable certain functions of the Website
- (2) To provide analytics
- (3) To enable advertisements delivery, including behavioural advertising.
- (b) We use both session and persistent cookies on the Website and we use different types of cookies to run the Website:
- (1)Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
- (2) Analytics cookies. We may use analytics cookies to track information how the Website is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
- (3) Advertising cookies. These type of cookies are used to deliver advertisements on and through the Website and track the performance of these advertisements. These cookies may also be used to enable third-party advertising networks to deliver ads that may be relevant to you based upon your activities or interests.
14.3. Third-party cookiesIn addition to our own cookies, we may also use various third parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
14.4. What are your choices regarding cookies
- (b) Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
- (c) For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
- (d) For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
- (e) For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- (f)For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US
- (g) For any other web browser, please visit your web browser's official web pages.
14.5. Where can you find more information about cookiesYou can learn more about cookies and the following third-party websites: AllAboutCookies: http://www.allaboutcookies.org/
15.Limitation of Liability
- 15.1. TasPlates's total liability arising out of or in connection with the Purchase Services, Products, Gift Voucher or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Purchase Price paid by you under these Terms or the total liability of TasPlates will be the resupply of Product or Purchase Services to you.
- 15.2. You expressly understand and agree that TasPlates, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- 15.3. TasPlates is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website, or related social media sites, or in connection with the Purchase Services, whether posted or caused by users of the website of TasPlates, by third parties or by any of the Purchase Services offered by TasPlates.
- 15.4. You acknowledge that TasPlates does not provide the Delivery Services to you and you agree that TasPlates will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- 15.5. TasPlates will not assume any liability nor take any responsibility for any technical malfunction, error or omissions, interruption, deletion, delay in operation or transmission, communications line failure, virus, bug, tampering, theft or destruction or unauthorised access to or alteration of this Website, or any injury or damage to any persons computer, related to the participation or downloading of any material from this Website.
16.Termination of Purchase
16.1. TasPlates or the Registrar of Motor Vehicles may at any time, terminate, or recall a Purchase with you if:
- (a) you have breached any provision of the Terms or intend to breach any provision;
- (b) TasPlates is required to do so by law;
- (c) the Delivery partner with whom TasPlates offered the Purchase Services to you has terminated its relationship with TasPlates;
- (d) TasPlates reserves the right to automatically cancel a personalised number plate order. TasPlates and the Registrar of Motor Vehicles have absolute discretion in the manufacture of Plates and have the right to stop manufacture or recall any Products considered inappropriate or offensive at any time after the Purchase Services has commenced. Tasplates has strict guidelines to adhere to from the Registrar of Motor Vehicles in relation to the content that can be used on the Products. A personalised plate is still an official form of vehicle identification so every combination must be assessed against a number of criteria. "Unacceptable" plates include:
- (1)Obscene or indecent combinations of letters and or numbers;
- (2) Plates promoting unsafe, violent or harmful behaviour;
- (3) Plates that are discriminatory, or could offend members of a distinct culture or a particular religion; nation; race; or minority status or a member of the general public acting reasonably;
- (4) Plates that could be considered offensive to Government Departments;
- (5) Plates including content that may be defamatory, in breach of any laws, regulations, rules, codes or third party rights or otherwise objectionable in the absolute discretion of TasPlates or the Registrar of Motor Vehicles.
- (e) the provision of the Purchase Services to you by TasPlates is, in the opinion of TasPlates, no longer commercially viable.
17.1. You agree to indemnify TasPlates, its affiliates, employees, agents, contractors, agents, third party content providers and licensors from and against:
- (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Products, Purchase Services, or Content you purchase or post through the Website;
- (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- (c) any breach of the Terms.
The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia.