Website Terms and Conditions of Use
- By the term ‘We’, ‘Us’ and ‘Our’ we mean DIGITAL VENTURES PTY. LTD. (ABN 30 610 419 577) trading as “DASHCAM HERO”.
- By the term ‘you’ or ‘your’ we mean you or the purchaser/potential purchaser of a DASHCAM HERO product.
- By the term ‘Website’ or ‘Site’ we are referring to https://dashcamhero.wpengine.com/.
- By the term Order we mean an offer to us to purchase the specified Products, and remains open until we accept or decline the Order.
- By the term Damaged Good We are referring to a good that is physically damaged or DOA (Dead on Arrival). You have 5 days after the arrival of your product to Contact Us to report a damaged good.
About the Website
Welcome to https://dashcamhero.wpengine.com/The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website.
The Website is operated by DIGITAL VENTURES PTY. LTD. (ABN 30 610 419 577). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Us. Please read these terms and conditions (the ‘Terms‘) 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.
We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When We update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
All content displayed in Our Website is owned or licensed to us. The material includes but is not limited to the design, layout, look, appearance and graphics. Use or reproduction of these assets without seeking prior consent in writing is prohibited other than in accordance with our copy write notice.
All product descriptions and specifications have been taken directly from the supplier. Please note that the packaging displayed on the website may look different to the packaging that you receive. We ideally keep these illustrations as close to the real packaging as possible. DIGITAL VENTURES PTY. LTD. does not warrant the content on this Site to be error-free. DIGITAL VENTURES PTY. LTD. assumes no liability for damage incurred directly or indirectly from errors, omissions, or discrepancies between the Product and the content displayed on this Site.
The Terms are governed by the laws of Victoria, 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 Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
All brand and product names are trademarks or registered trademarks if their respective companies
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 DIGITAL VENTURES PTY. LTD. in the user interface.
Purchaser Legal Age
- You must be over the legal age of 18 to place an order through Our website.
- If You are under the age of 18, you may only use this website with parental consent or involvement.
- Products purchased by individuals below the age of 18 will fall under the responsibility of the legal guardian.
- We accept no liability or responsibility for accidental purchase by an individual below the age of 18. Refunds by this nature will be treated as a ‘change of mind’, these requests must be processed within (7 days) of receiving the product.
- You may purchase products on the Website, by selecting the products that You wish to purchase and placing the Order.
- You will receive Acknowledgement of your Order by Us providing you with an Order reference number, however, is not an acceptance of Your Order.
- Upon the completion of Your Order, You will be required to fill in the details of Your debit or credit card alternatively, You may complete the purchase by filling in a Stripe or PayPal account details.
- You must be entitled to use any form of payment stipulated in to make your payment.
- We will make every effort to reduce payment fraud within reason by providing secure payment gateways on Our Website.
- You warrant that all information that has been supplied by You for purposes of making an Order is correct.
- We will not be held responsible for any Orders that do not arrive as a result of incorrect or deceptive information provided by You to Us when placing your order.
- We reserve the right to cancel or decline Your offer for any reason. Under these circumstances, You will be refunded 100% of the purchase price.
- Our acceptance of Your offer comes into effect when Your Order has been dispatched by Us and a confirmation email has been sent to You
- Product prices at the time of purchase will stand. If the product is to reduce in price after You complete Your Order, any request for refund will be treated as a change of mind and may be returned within 7 days of receiving the product.
- We do not provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and materials found on this website for any particular purpose. You acknowledge that such information and materials may be incompatible with your vehicle and that any third party who you allow to use that product or service.
- We expressly exclude liability arising from your use or the use of any third party of products available through the website, including but not limited to indirect and consequential liabilities, to the fullest extent permitted by the Australian Consumer Law.
- We offer some recommendations and guidance to the use of certain products on the website, the customer accepts and takes full responsibility for the final purchase decision and ensures the product and features are suitable for their needs and use.
Product prices on the Website are specified by Us. You acknowledge that the prices on the Website are subject to change. You understand that all products on the page are:
- Inclusive of 10% GST to Australian Residents only
- Exclusive of Postage/Packaging. These charges will appear on the Order page upon checkout
- Postage and packaging will differ in price depending on where You reside
You acknowledge the final purchase price of the Product(s) is the amount specified at the end of the Order process and includes GST and applicable delivery charges
Notification of Your product dispatch will come in the form of an email notification. In this notification, you will receive a Tracking Code for your product along with your order confirmation number.
You acknowledge that the Purchase Services offered by Us integrate delivery (the ‘Delivery Services‘) through the use of third-party delivery China EMS (ePacket) delivery service.
In providing the Purchase Services, We may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that We are not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
This item is an authentic parallel-import and items will be shipped from our supplier’s warehouse and may take 1 to 4 days processing after payment confirmation. Parcel will be sent out by International Registered Post Courier Service and may take 10 to 26 working days for delivery (depending on your country’s location).
In the event that an item is lost or damaged in the course of the Delivery Services, We asks that You:
- Contact Us by sending an email to [email protected] 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.
- You must complete the request for returns paperwork and include this with your email to [email protected]. This paperwork will require you to take pictures of the defective product.
- We will contact You once We receive Your notice of Damaged Goods. We reserve the right to take up to (7) business days to review your claim. You will receive an email notifying You of Your next steps forward from Us. Until then, do not proceed to send the defective product back to Us.
- Once We have received and accepted your notice of Damaged Goods and have approved the case. You may mail your product back to a return postal address specified within the email.
- We reserve the right to decline your case of Damaged Goods if We do not believe that there is grounds to return the product. In which case, We will provide you contact details to take your case to the supplier. Once contact has been made to the supplier, We will no longer be involved within the negotiation.
Our Products come with guarantees 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
Once You Purchase a product from Us. We will provide you with a complimentary (12 month) warranty.
Please keep this warranty along with your purchase order in the event that We need to refund or provide a replacement of your order.
- Product warranty will commence from the date of receiving the product.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- If you require a product replacement or refund during Your warranty period, You must fill out the refund paperwork (as found on Our Website) and send it through to [email protected] and follow the refund procedure as stated in our refund policy.
- Where the Warranty Claim is accepted then We will, at Our sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- Warranty claims will be void and declined if the fault is determined by Us and/or the manufacturer to be due to negligent/improper use. Products that use non-genuine accessories, incorrect SD cards, manipulation or tampering of the products and accessories in any way.
- By exercising your warranty, You will understand that you may be asked to provide/declare any complimentary accessories that You have been using to assess Your claim. You understand that failure to come forward and supply these components will result in a void claim and Your product will be returned as it was received.
- 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.
- We do not offer warranties for products that are of a non-electrical use (eg. iPhone Holders)
If you suspect that any Products have arrived faulty or unfit for use you may return the product (In accordance with our Returns Policy) within 14 days of receiving the order.
We may, provide a refund on the return of the Products Returned within 14 days of deliver date where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that You are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- Please ensure that you provide Your Order confirmation number, tracking code and defective product.
- For refund orders You will be subject to pay the return postage.
- Refund payments can take between 5-7 business days to fall into your bank account after the refunded product has been received and processed
- Following the acceptance of Your refund, You will receive a notice of payment of the Purchase Price being confirmed by Us. You will be issued with a receipt to confirm that the payment has been received and Us may record your purchase details for future use.
- International buyers are subject to fluctuations in exchange rate in the event of refunds or returns.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of DIGITAL VENTURES PTY. LTD. are subject to copyright. 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) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are licensed to, owned or controlled for these purposes, and are reserved by DIGITAL VENTURES PTY. LTD. or its contributors.
DIGITAL VENTURES PTY. LTD. retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of DIGITAL VENTURES PTY. LTD.; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of DIGITAL VENTURES 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 third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
We take your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to our Privacy Standards
- Your private information will not be sold or given to any external parties
- You accept that You may be contacted by Us in the future to keep you up to date with fantastic deals from Us. However, You will always have the opportunity to unsubscribe from any email list.
- Your data may be destroyed within 24 months of your purchase if you do not engage with Us.
- We do not keep or see any of Your credit card or debit account details. These details are encrypted by Our secure payment gateways.
- If you have any further enquires about your privacy rights, please email [email protected].
Limitation of Liability
Our total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Us is the resupply of information or Purchase Services to you.
You expressly understand and agree that DIGITAL VENTURES PTY. LTD., 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.
We are not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchased products, whether posted or caused by users of the website of DIGITAL VENTURES PTY. LTD., by third parties or by any of the Purchased products offered by DIGITAL VENTURES PTY. LTD.
You acknowledge that We do not provide the Delivery Services to you and you agree that We 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.
You acknowledge that We do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
We will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
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.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- 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.
Use of the Website, the Purchase Services, and any of the products displayed on the Website (including the Delivery Services), is at your own risk. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of DIGITAL VENTURES PTY. LTD. (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about it’s Content or any products or Purchase Services (including the products or purchased products of DIGITAL VENTURES PTY. LTD.) 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:
- 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.
- The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- The Content or operation in respect to links which are provided for the User’s convenience;
- Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such content.
From time-to-time, DIGITAL VENTURES PTY. LTD. may create Content on this Website that relates to third-party Software that we may promote as an Affiliate.
DIGITAL VENTURES PTY. LTD. may include links to certain products and third-party software and may earn a commission for any purchases your make on their website.
Given this, you should assume that any links leading you to products or services are affiliate links that DIGITAL VENTURES PTY. LTD. will receive compensation from.
We ask you to do your own due diligence before following anyone’s recommendations, including ours. We probably don’t know your situation and what’s truly best for your unique situation.
And finally, please don’t go into debt to buy any program or course, no matter how much you want it.
If you have any questions regarding the above, please do not hesitate to Contact Us.
You agree to indemnify DIGITAL VENTURES PTY. LTD., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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 Content you post through the Website;
- 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
- Any breach of the Terms