Conditions of Use
Please read these Terms and Conditions before entering or using this website.
This website is owned and operated by RSEA Pty Ltd ACN 094 385 430 ("RSEA"). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ("Terms"). References to "us" mean RSEA and references to "you" mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Copyright
in website material
All of the
material on and in relation to the website is and remains the property of RSEA
at all times, or in the case of some material, a third party. You are not
permitted to copy, reproduce, modify, transmit, post or distribute, whether
electronically or otherwise, any material from the website except for your own
private, non-commercial use. Any other use of the website material constitutes a
breach of RSEA's copyright and other proprietary rights.
Intellectual Property
RSEA is the
owner or authorised user of all intellectual property in and associated with the
website and any improvements and modifications thereto. RSEA is also the owner
or authorised user of the trademarks, logos, names and designs, whether
registered or unregistered, in and associated with the website.
Nothing
contained in the website should be construed as giving you any right in or
license to any of the intellectual property, trademarks, logos, names or
designs, whether registered or unregistered, associated with the website.
Advertising
This website
may include advertisements concerning products or services provided by third
parties. These advertisements are not recommendations or endorsements by RSEA.
RSEA does not control the content of and is not responsible for the
advertisements. RSEA will not be held liable for any direct or indirect loss or
damage that is alleged to have occurred or has occurred as a result of your use
of any goods or services the subject of advertising on the website. Any concerns
you have regarding any advertisement on the website should be addressed to the
third party advertiser.
Third party
sites
This website
may contain links to third party websites. These links are not recommendations
or endorsements by RSEA and RSEA does not take any responsibility for the
content or functionality of those websites. You access those sites solely at
your own risk.
Passwords
If RSEA gives
you a password to access the Online Store or any other part of this website, you
must keep that password confidential and not disclose it to any other person.
Nor may you permit any other person to use that password.
Disclaimer
This website
is provided to you by RSEA "as is". To the fullest extent permitted by law, RSEA
excludes any and all warranties (whether express or implied) relating to the
website including, but not limited to, warranties concerning:
(a)
merchantability and
fitness of purpose;
(b)
the website meeting
your particular interests and requirements;
(c)
the material on the
website being accurate, complete or reliable;
(d)
the website and the
server being available and free of defects;
(e)
the website and the
server being free of technical problems or viruses; and
(f)
the confidentiality of
information transmitted to or from the website.
Limitation of liability
To the fullest extent permitted by
law, RSEA excludes any and all liability for any direct or indirect loss,
damage, cost or expense, however or wherever incurred, including, but not
limited to any loss, damage, cost or expense that results from:
(a) your use or misuse of the
website or any material on the website;
(b) your inability to access or
use the website or any material on the website;
(c) the loss or modification of
information or material transmitted to or from the website;
(d) the loss of confidentiality
in any information or material transmitted to or from the website;
(e) any defect, technical
problem or virus attached to or arising from the website or the server;
(f) the use or misuse of the
website or any material on the website by other users or the conduct of other
users on or through the website;
(g) any injury or illness you
or any other person sustains as a result of the use of the website; and
(h) the products displayed on
the website being unavailable at any time.
If RSEA breaches any term, condition
or warranty which is implied by law and cannot be lawfully excluded, the
liability of RSEA for a breach of the applicable term, condition or warranty is
limited to, at the election of RSEA:
1
the resupply of the
relevant advice, service, recommendation or information; or
2
the payment to you of
the cost of having the relevant advice, service, recommendation or information
supplied again.
Indemnity
You indemnify
RSEA, its subsidiaries, related entities, officers and employees against any and
all loss, damage, demand, cost or expense claimed by a third party as a result
of or in connection with your use of or conduct on the website.
Privacy
Any personally
identifiable information that you submit through or in relation to the website
is collected and used by RSEA in accordance with its Privacy Policy. You can
review the Privacy Policy here .
Additional
Terms
Additional
terms and conditions are attached to certain pages of the website such as the
Online Store. You should ensure that you are familiar with and are prepared to
abide by these additional requirements before you make use of these particular
website pages.
Changes to
the website and your access
Without prior
notice to you and in its absolute discretion, RSEA reserves the right to:
(a) vary
or discontinue the website or any page of the website at any time; and
(b)
terminate your access to part or all of the website at any time,
and RSEA is
not liable to you for any loss, damage, cost or expense you may suffer if it
exercises any of these rights.
Changes to
the Terms
RSEA reserves
the right to amend the Terms from time to time. Amended Terms come into effect
from the time they are posted on the website. You should review this page
regularly to ensure that you are aware of any changes to the Terms.
Governing
law
These Terms
will be governed by and construed in accordance with the courts of Victoria,
Australia. You submit to the non-exclusive jurisdiction of the courts of
Victoria, Australia.
Severance
of clauses
In any clause
of these Terms is held to be invalid, void, unlawful or unenforceable for any
reason, that clause will be severed from the Terms and it will not affect the
validity and enforceability of the remainder of the Terms.
Prices
All references
to $ and dollars on the website are to Australian and/or New Zealand currency
(as indicated). All prices were current at the time of publication on the
website.
