A.This Website is owned and operated by Rhino Rack Australia Pty Limited (ABN 63 122 680 639) (Rhino-Rack, we, us).
In this Agreement, unless the context otherwise requires:
Account means an online account created and registered by the Customer (or for and on behalf of the Customer) on the Website to browse, order and purchase the Products.
Agreement means this agreement as updated from time to time by Rhino-Rack.
App means a mobile application for the Website.
Customer (you, your) means an individual which registers, accesses and uses an Account.
Data means all input information (such as Products identification and numbers, that are required for the Products to be ordered) entered by the Customer through the Account to generate an Order.
Intellectual Property means all forms of intellectual property throughout the world including patents, petty patents, innovation patents, patentable inventions, know-how, trade marks (whether registered or unregistered), copyright, registered and registrable designs, circuit layout rights, applications for registration of any of the foregoing and rights to apply for registration of any of the foregoing.
Order means an order for supply of Products under the Terms of Supply placed by the Customer through the Account.
Products means “Rhino-Rack” branded products available for purchase on the Website.
Terms of Supply means the terms and conditions of supply of the Products by Rhino Rack Australia Pty Limited (ABN 63 122 680 639) to the Customer, including warranty terms applicable to the Products.
Website means the website https://www.rhinorack.com/en-au/
(a) This Agreement will apply to each and every use of and access to the Account by the Customer or by any person accessing and using the Account for and on behalf of the Customer.
(b) If you do not agree to be bound by this Agreement, you must not use and access the Account, nor must you allow any person to access and use the Account on your behalf.
(e) No other terms, purchase order or other document will apply excepting those terms implied by statute which cannot be excluded or modified.
(f) Every phrase, sentence, paragraph and clause in this Agreement is severable the one from the other despite the manner in which they may be linked together or grouped grammatically and if any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason whatsoever the remaining phrases, sentences, paragraphs or clauses as the case may be, are of full force and effect.
(g) Rhino-Rack may assign its rights, duties, titles, interests, and obligations under this Agreement or in relation to the Account to any third party at any time. However, your rights and obligations under this Agreement shall remain non-transferable unless consented by Rhino-Rack in writing.
1.3 DOCUMENTS INCORPORATED INTO THIS AGREEMENT
(a) The following documents form part of this Agreement:
· any other policy or legal document found on the Website;
· any document explicitly incorporated into this Agreement by reference.
(b) To the extent of any inconsistency between this Agreement and any incorporated policy or document, the incorporated policy or document will prevail.
(c) You need to print a copy of and store this Agreement and all policies and documents incorporated by reference for your records.
(a) We may amend this Agreement at any time for any reason. This Agreement, as amended from time to time, is published by us and can be accessed by you on the Website.
(c) The Customer cannot amend the terms of this Agreement unless such amendments are agreed by Rhino-Rack in writing.
2.1 ACCESS AND USE
(a) In order to register, access and use the Account, the Customer must be over 18 year old and has full power and legal capacity to enter into this Agreement.
(b) The Customer can only register, access and use an Account after it has accepted this Agreement.
(c) The Customer:
· acknowledges that the sole purpose of the Account is to:
i. browse, search, select, order and purchase the Products;
ii. create, submit and check the status of the Order; and
iii. review the information available on the Account; and
· agrees not to use the Account for any other purposes.
(d) The Account can be accessed through the Website and the App from an internet browser.
(e) Rhino-Rack makes no representation and gives no warranty about the quality of, access to and use of the Account, including any representation that the Account and access to it will be available, secure, uninterrupted or error-free.
(f) Rhino-Rack may provide support services to the Customer in relation to the use of the Account on the terms determined by Rhino-Rack.
(g) Rhino-Rack may make changes to the Account or any features in or functionality of the Account at any time. Rhino-Rack reserves the right to add, modify, impose conditions, suspend, discontinue, or permanently remove any feature or aspect of the Account at its sole discretion and without any obligations whatsoever.
(a) In order to create an Account, the Customer needs to provide the following information:
· Customer’s details, including the full name, email, billing and shipping address and contact details;
· any other information which may be required or optional, such as date of birth, gender and product preferences.
(b) The Customer agrees, warrants and acknowledges that the Account is registered solely for the Customer’s personal use and no third party will be allowed to access and use the Account on behalf of the Customer.
(c) The Customer will have the responsibly for administering and managing the Account.
(d) Any activity, action, act or omission on the Account are deemed to be done by the Customer.
(e) The Customer warrants and represents that any information submitted or used on its Account is true, accurate, reliable, complete and current. Creating a fake Account or submitting inaccurate, incomplete or fabricated information is a material breach of this Agreement.
(f) Rhino-Rack has and reserves the right to refuse, restrict, suspend, cancel or terminate the Account at any time and without any obligations or liability to the Customer whatsoever.
(g) The Customer is responsible and liable to Rhino-Rack for any activity, action, act or omission on the Account.
2.3 ACCESS TO ACCOUNT BY RHINO-RACK
(a) Rhino-Rack will have access to the Customer’s Account and will store the details of and information relating to the Account.
(c) When the Customer creates an Account, it shall be the Customer’s obligation to maintain the security of all devices from which it accesses its Account and confidentiality of the login information.
(d) The Customer is liable for all activities on its Account. If the Customer suspects any unauthorised access or activities on its Account, it must immediately review the security of devices and the Account and inform Rhino-Rack about such unauthorised access to the Customer’s Account.
(a) The Account will allow the Customer to generate and submit an Order through input of the Data in the Account.
(b) The Customer warrants that the Data entered by it is accurate and complete.
(c) Any Order submitted through the Customer’s Account, is deemed to be placed by the Customer.
(d) Payment for the Order will be accepted through payment means required on submission of the Order.
(e) Upon receipt of payment for the Order, the status of the Order will appear as approved.
(f) The Order cannot be cancelled once it has been approved.
(g) The Order constitutes a binding agreement for supply of the Products pursuant to the Terms of Supply.
(h) References to $ or dollars in the Order are references to Australian dollars unless specified otherwise.
(i) The Order does not include GST or any other applicable taxes and charges, unless specified otherwise.
4. TERMS OF SUPPLY
4.1 The Customer agrees and acknowledges that the Order submitted by the Customer and supply of the Products to the Customer are subject to and done pursuant to the Terms of Supply, including warranty terms, delivery and returns conditions.
4.2 The Customer warrants that the Customer has read and accepts the Terms of Supply.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Website, the App and the Account are owned by Rhino-Rack and operated by Rhino-Rack and/or its authorised contractors.
5.2 All Intellectual Property used in connection with the Website and the Account are the property of Rhino-Rack or relevant licensors. The Website, the App and the Account are copyright of Rhino-Rack.
5.3 The Customer agrees and warrants that it:
(a) will not copy, reproduce or seek to register Intellectual Property in the Website, the App and the Account;
(b) will not reverse-engineer any source-code used in the Website, the App and/or the Account;
(c) will not procure any other person or third party to do things stipulated in clauses 5.3(a) and (b);
(d) will only use the Account to generate and submit the Order, purchase the Products and review the status and activity in relation to the Order and not for any other purposes; and
5.4 All content, documentation, material and information created by the Account belong to and remain the property of Rhino-Rack.
5.5 Access to the Account should not be taken as a grant or transfer of ownership rights, Intellectual Property rights, a licence or any other rights to the Customer.