Terms of service

OVERVIEW
This website is operated by Peak 4x4, a division of Noah Industries Pty Ltd (ABN 86 649 230 553). Throughout the site, the terms “we”, “us” and “our” refer to Peak 4x4. Peak 4x4 provides this website, including all information, tools and services available from this site, strictly subject to your acceptance of these Terms of Service, all related policies, and any notices displayed on the website. By accessing the site, browsing, or purchasing any product or service from us, you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not agree to all terms, conditions and policies, you must not access the website or use any services. These Terms apply to all users, including browsers, customers, merchants, resellers and contributors. Any new features, tools or services added to the store are automatically subject to these Terms. We reserve the right to amend, update or replace any part of these Terms at any time without prior notice, and continued use of the website constitutes acceptance of any changes. Our store is hosted on Shopify Inc., which provides the e-commerce platform used to sell our products and services.

SECTION 1 – ONLINE STORE TERMS
You confirm that you are of legal age in your jurisdiction or have lawful authority to enter into binding contracts. You must not use our products or services for any unlawful, unauthorised or prohibited purpose, nor breach any applicable laws, regulations or third-party rights. Any misuse, attempted misuse, or violation of these Terms may result in immediate termination of access without notice.

SECTION 2 – GENERAL CONDITIONS
We reserve the absolute right to refuse service, cancel orders, restrict access or terminate accounts at our sole discretion, without obligation to provide justification. All content provided by users, excluding payment data, may be transmitted across networks and adapted for technical requirements. Payment information is encrypted during transfer. You may not reproduce, duplicate, resell, exploit or commercially use any part of the Service, website or content without express written consent. Headings are for convenience only and do not affect interpretation.

SECTION 3 – INFORMATION ACCURACY AND RELIANCE
All information on this site is provided for general informational purposes only. While we endeavour to ensure accuracy, we make no representations or warranties regarding completeness, correctness, suitability or timeliness. You acknowledge that specifications, descriptions, images, measurements, weights, compatibility statements and availability may change, contain errors, or differ due to manufacturing tolerances, model variations, regional differences or updates. Reliance on any information provided is strictly at your own risk.

SECTION 4 – PRICING, MODIFICATIONS AND AVAILABILITY
Prices, specifications and availability are subject to change at any time without notice. We reserve the right to modify, suspend or discontinue any product, service or feature at any time. We are not liable for any losses arising from price changes, delays, discontinuations or modifications.

SECTION 5 – PRODUCTS, FITMENT AND USE
Products may be produced in batches, limited quantities or made to order. Lead times are estimates only and not guarantees. Images are for illustrative purposes and may differ from final production. Fitment information is provided as guidance only and does not constitute a guarantee of compatibility. It is the customer’s responsibility to verify suitability, compliance, legality and installation requirements prior to purchase. Installation, modification and use of products is undertaken entirely at the customer’s risk. We make no warranty that products will meet individual expectations, vehicle variations, local regulations or third-party requirements. Products are supplied subject only to rights required under Australian Consumer Law.

SECTION 6 – ORDERS, BILLING AND CHARGEBACKS
We reserve the right to cancel, refuse or limit any order, including suspected reseller, fraudulent or abusive activity. You agree to provide accurate, current and complete billing and account information. Any chargeback, payment dispute or reversal raised without first engaging our dispute resolution process may be treated as a breach of these Terms. We reserve the right to recover all associated costs, fees and losses to the extent permitted by law.

SECTION 7 – THIRD-PARTY TOOLS AND SERVICES
Access to third-party tools, platforms, installers, freight providers or services is provided strictly “as is” without warranties or endorsement. We are not responsible for performance, delays, errors or losses caused by third parties, including couriers, installers, payment processors or platform providers.

SECTION 8 – THIRD-PARTY LINKS AND CONTENT
We are not responsible for third-party websites, content, policies, products or services. Any engagement with third parties is at your own risk, and all disputes must be resolved directly with the third party.

SECTION 9 – USER SUBMISSIONS
Any feedback, ideas, suggestions or materials submitted may be used by us without restriction or compensation. You warrant that submissions do not infringe third-party rights or contain unlawful material. You are solely responsible for the accuracy and legality of any submissions.

SECTION 10 – PERSONAL INFORMATION
Personal information is handled in accordance with our Privacy Policy.

SECTION 11 – ERRORS AND CORRECTIONS
We reserve the right to correct errors, inaccuracies or omissions and to cancel orders affected by such issues at any time without notice, including after purchase.

SECTION 12 – PROHIBITED USES
You must not misuse the website, attempt unauthorised access, interfere with security, scrape data, transmit malicious code, submit false information or engage in abusive or unlawful conduct. Violations may result in immediate termination and legal action.

SECTION 13 – DISCLAIMER AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, all products and services are provided “as is” and “as available”, without warranties of any kind, express or implied. Peak 4x4 is not liable for any indirect, incidental, consequential, punitive or economic losses, including loss of profits, vehicle downtime, installation costs, freight costs or third-party expenses. Our liability is strictly limited to remedies required under Australian Consumer Law and shall not exceed the purchase price of the relevant product where permitted.

SECTION 14 – INDEMNITY
You agree to indemnify and hold harmless Peak 4x4, its directors, employees, contractors and affiliates from any claims, losses, damages, costs or expenses arising from your breach of these Terms, misuse of products or violation of any law or third-party rights.

SECTION 15 – SEVERABILITY
If any provision is found unenforceable, it shall be severed without affecting the remaining provisions.

SECTION 16 – TERMINATION
We may terminate access or services at any time without notice for breach or suspected breach. All obligations incurred prior to termination survive.

SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Peak 4x4 and supersede all prior communications, representations or understandings. No reliance is placed on any statement not expressly contained herein.

SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of Australia, and you submit to the exclusive jurisdiction of Australian courts.

SECTION 19 – CHANGES TO TERMS
We may amend these Terms at any time. Continued use constitutes acceptance.

SECTION 20 – CONTACT
All enquiries regarding these Terms must be directed to info@peak4x4.com.au.

SECTION 21 – PRICES AND PAYMENT
All prices are in Australian dollars and include GST where applicable. Prices may change without notice