A. This Website is owned and operated by Rhino Rack Australia Pty Limited (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 spare parts and components for “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 New Zealand Limited (company no.3741280) to the Customer, including warranty terms applicable to the Products.
Website means the website https://www.rhinorack.com/en-nz/
(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:
• Terms of Supply https://www.rhinorack.com/en-nz/terms-and-conditions;
• 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.
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 New Zealand 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.
6. WARRANTIES AND OBLIGATIONS OF THE CUSTOMER
6.1 A Customer represents, acknowledges and warrants that:
(b) it has read and accepts the Terms of Supply;
(c) it has full power and legal capacity to enter into this Agreement;
(e) the information the Customer has provided is true, accurate and correct. Creating an Account with false information is material breach of this Agreement;
(f) it will not rely on the content or accessibility of the Account and that the content of the Account is of a general nature;
(g) it will not distribute copies of the Account or its content to third parties without the prior written consent of Rhino-Rack;
(h) it will not to make any permanent or enduring copy of the Account, its content or its computer code, or reverse engineer or compile the Account;
(i) all terms, conditions and warranties other than those expressly contained in this Agreement are excluded;
(j) the limitation of liability and disclaimer of liability apply as stated in clause 7 below; and
(k) it will use the Account in a lawful manner and will follow applicable rules and laws when accessing and using the Account.
6.2 In addition to the promises and acknowledgements stated above, the Customer agrees:
(a) to use the Account at its own risk;
(b) to keep its Account password and credentials secret;
(c) not to share an Account with any third party;
(d) not to transfer any part of its Account or give access to it to any third party;
(e) that it is responsible for any activities occurring on and under its Account unless it closes it or reports misuse;
(f) to log off from the Account each time the Customer completes its session on the Account;
(g) to keep all Account information up to date;
(h) that Rhino-Rack may send you notices and messages through the Account, email and contact information. The Customer can always unsubscribe from such communication using the “Unsubscribe” link included in marketing emails.
7. LIMITATION OF LIABILITY AND DISCLAIMER
7.1 LIMITATION OF LIABILITY
(a) Some legal obligations imposed by law cannot be excluded or limited. Rhino-Rack does not purport to exclude or limit such liability.
(b) To the fullest extent permitted by law, and except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be facilitated by the Account or by a separate written agreement that explicitly overrides this Agreement, Rhino-Rack is not and will not be liable to the Customer in connection with this Agreement for:
• loss of profit or business opportunity, loss of data (including any down time of the Account), damage, loss, liability, claim or expense arising from the Customer’s use of the Account, and whether such claim arises from breach of contract, negligence or other tort or breach of statute, wilful act or otherwise, or for any indirect, incidental, consequential, special or punitive damages;
• any damage, loss, liability, claim or expense caused to or brought by a third party against the Customer in connection with the use of and in relation to the Account;
• any unauthorised access to the Customer’s Account or misuse of the Customer’s data or the Data;
• any interruption or disruption of the services provided by the Account;
• any other matter related to the Customer’s use of the Account, irrespective of the fact that such liabilities result from any non-performance, negligence of duty and statutory responsibilities, errors and omissions, loss of data, misrepresentation, torts, interruptions, unauthorised access, or breach of contract by Rhino-Rack, and the possibility of such liabilities was already conveyed to it;
• any amount that exceeds:
o the total fees paid or payable by you to Rhino-Rack as services fees for the use of the Account (if any); or
o AU$500.00 (five hundred Australian dollars), whichever is lesser.
THIS IS A DISCLAIMER OF LEGAL LIABILITY FOR THE QUALITY, SAFETY, OR RELIABILITY OF THE ONLINE ACCOUNT. Rhino-Rack (and its affiliates) 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 secure, uninterrupted or error-free. Use and access to the Account is provided on “as is” and “when available” basis. To the fullest extent permitted by applicable law, and subject to clause 7.1, Rhino-Rack disclaims any implied or statutory warranty (which can be excluded), including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
7.3 INDEMNITY The Customer agrees to indemnify and keep indemnified Rhino-Rack against any loss or damage caused by the Customer to Rhino-Rack (or anyone accessing and using the Account for and on behalf of the Customer, whether such access and use is authorised or unauthorised) or any claim, complaint or action brought against Rhino-Rack by any third party in relation to the use of the Account.
8. COMMUNICATION AND NOTICES
8.1 All notices, disclosures, communications, and information related to this Agreement or use of the Account shall preferably take place through electronic delivery. The Customer consents to receiving all such communications and notices to its Admin User’s email address registered on the Account. Such notices shall be deemed as received on their confirmed dispatch.
8.2 When you create an Account, you may choose to consent to subscribe to our notification and newsletter services. We may send useful information to your email address to improve your experience with Rhino-Rack and keep you informed about new products and services offered by Rhino-Rack. The Customer can revoke its consent and unsubscribe from receiving marketing emails at any time using the “Unsubscribe” link included in such emails.
8.3 We will continue sending you communication and notices in relation to and in connection with this Agreement by email at the email address registered on the Account.
9.1 Either party may terminate this Agreement at convenience at any time.
9.2 Rhino-Rack may termination this Agreement if the Customer:
(a) commits material breach of this Agreement; or
(b) fails to remedy a breach of this Agreement within 14 days of Rhino-Rack notifying the Customer of such breach.
9.3 If you wish to terminate this Agreement, you can do so at any time by de-registering your Account and ceasing accessing or using the Account.
9.4 If the Agreement is terminated, the Customer’s Account and all content on it will be permanently deleted unless we are required to retain any content in compliance with any business or legal obligations.
This Agreement shall be governed and construed in accordance with the laws of the State of New South Wales, Australia. The parties to this Agreement will submit to the non-exclusive jurisdiction of the courts of that place.