END USER AGREEMENT – AUSTRALIA
These terms and conditions (the End User Agreement) apply to the use of this website (the Site), including the purchase of goods or services using this Site, and the use of any content, including text, images and other materials, available on this Site (Content).
In using this Site, you agree to be bound by this End User Agreement. If you do not accept this End User Agreement, you must refrain from using the web site. This End User Agreement must be read in conjunction with any other applicable terms and conditions governing the use of this Site or the purchase of goods or services using this Site, including the Terms of Business.
In these Terms the expressions "we", "us" and "our" are a reference to Gordon Brothers Pty Ltd ABN 42 616 884 274 and each of its Related Bodies Corporate (together, Gordon Brothers Group).
The expressions "you" and "your" refer to each individual whose Personal Information we may handle from time to time where we are required to comply with the Privacy Act in respect of such Personal Information.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 1 of the Competition and Consumer Act 2010 (Cth).
End User Agreement means this document as amended from time to time.
Related Bodies Corporate has the same meaning as under the Corporations Act 2001 (Cth).
Terms of Business means the Gordon Brothers Group terms of business and any other terms and conditions of sale that we provide to you from time to time.
Goods and services
You may offer to purchase goods or services described on this Site. Any such offer or purchase will be governed by the Terms of Business, which will take precedence over this End User Agreement.
We give no undertaking as to the availability of goods or services advertised on this Site.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the relevant transaction, or otherwise remove content from the Site at any time without notice.
Limitation of liability
The Australian Consumer Law provides certain statutory guarantees in respect of goods or services supplied to Australian consumers, which cannot be excluded, restricted or modified (the Consumer Guarantees).
This limitation of liability does not attempt or purport to exclude liability arising under statute (including the Consumer Guarantees set out in the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into this End User Agreement is hereby excluded. Where any law (including the Australian Consumer Law) implies a condition, warranty or guarantee into these terms and conditions which may not be lawfully excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warrant or guarantee will, at our option, be limited to:
if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again,
and to the extent that an aspect of item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in this End User Agreement, our liability to you in respect of any loss or damage (including consequential or indirect loss, however it arises, or any punitive or exemplary damages) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Site or in respect of any failure or omission on our part to comply with our obligations as set out in this End User Agreement, is limited to AUD $100.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any Linked Website.
Whilst we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.
Responsibility for the content of advertisements appearing on this Site (including hyperlinks to advertisers' own Site) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this Site will meet your requirements.
Details contained on this Site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by this End User Agreement, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or any Content; or
commercialise any information, products or services obtained from any part of this Site or any Content;
without our written permission.
This web site includes registered and unregistered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors).
You must not use any of our trade marks, or those of our licensors:
in or as the whole or part of your own trade marks or business name or company name;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this web site).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to this Site only for your use as our customer or potential customer. You are authorised to print a copy of any information contained on this Site for your use as our customer or potential customer, unless such printing is expressly prohibited. Without limiting the foregoing, you must not without our written permission on‑sell information or any other Content obtained from this Site.
This web site may contain links to other web sites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites, which may differ from those of this Site. We encourage you to review and understand the privacy policies of those websites before providing any information to them.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Security of Information
However, when using our Site you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you provide us over the Internet and you do so at your own risk.
Termination of Access
Access to this Site may be terminated at any time by us without notice. The "Limitation of liability" section of this End User Agreement will nevertheless survive any such termination.
Changes to this End User Agreement
We may change or update parts of this End User Agreement in order to maintain our compliance with applicable law and regulation or following an update to our internal practices. We will do this by updating the End User Agreement on our Site. You may obtain a copy of our current End User Agreement from our Site or by contacting us. Your continued use of the Site following such update will represent an agreement by you to be bound by the End User Agreement as amended.
You may not be directly notified of such a change so please ensure that you regularly check this End User Agreement so you are fully aware of any changes or updates.
This End User Agreement and any dispute arising out of or in connection with the Site, this End User Agreement or the subject matter of this End User Agreement are governed by the laws in force in the State of Victoria in the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with this End User Agreement where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under this End User Agreement on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of the terms or conditions of this End User Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions of this End User Agreement shall nevertheless continue in full force.
We may be contacted using the following details:
Attention: The Managing Director
Mail: Suite 3, Level 14
20 Hunter Street