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ROY GRIPSKE & SONS WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions include Roy Gripske & Sons' Copyright Protection Policy and Privacy Protection Policy on this website.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Roy Gripske & Sons' use of cookies in accordance with the terms of Roy Gripske & Sons' privacy policy.

License to use website

Unless otherwise stated, Roy Gripske & Sons and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Registered users can print, download and view all pages applicable to their login subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose without express permission of Roy Gripske & Sons;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Roy Gripske & Sons’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Roy Gripske & Sons’ express written consent.

Restricted access

Access to certain areas of this website is restricted. Roy Gripske & Sons reserves the right to restrict access to areas of this website, or indeed this entire website, at Roy Gripske & Sons’ discretion.

If Roy Gripske & Sons provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Roy Gripske & Sons may disable your user ID and password in Roy Gripske & Sons sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Roy Gripske & Sons a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Roy Gripske & Sons the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Roy Gripske & Sons or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Roy Gripske & Sons reserves the right to edit or remove any material submitted to this website, or stored on Roy Gripske & Sons servers, or hosted or published upon this website.

Notwithstanding Roy Gripske & Sons’ rights under these terms and conditions in relation to user content, Roy Gripske & Sons does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Roy Gripske & Sons makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Roy Gripske & Sons does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Roy Gripske & Sons will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Roy Gripske & Sons has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Roy Gripske & Sons has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Roy Gripske & Sons’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Roy Gripske & Sons’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Roy Gripske & Sons.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Roy Gripske & Sons and undertake to keep Roy Gripske & Sons indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Roy Gripske & Sons to a third party in settlement of a claim or dispute on the advice of Roy Gripske & Sons’ legal advisers) incurred or suffered by Roy Gripske & Sons arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Roy Gripske & Sons’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Roy Gripske & Sons may take such action as Roy Gripske & Sons deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Roy Gripske & Sons may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Roy Gripske & Sons may transfer, sub-contract or otherwise deal with Roy Gripske & Sons’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Copyright Protection Policy and Website Privacy Policy, constitute the entire agreement between you and Roy Gripske & Sons in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian and International Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia.

Registrations and authorisations

Roy Gripske & Sons is registered with ASIC. You can find the online version of the register at http://www.asic.gov.au/search.

Roy Gripske & Sons subscribes to the following code[s] of conduct: Vision / Code of Ethics. This code can be consulted electronically at http://www.rgs.com.au via our About Us menu then Vision / Code of Ethics page.

Roy Gripske & Sons details

The full name of Roy Gripske & Sons is Roy Gripske & Sons Pty Ltd.

Roy Gripske & Sons is registered in Australia under ABN number 52 009 779 140. Roy Gripske & Sons is registered for GST.

Roy Gripske & Sons Pty Ltd’s address is 11 Sodium Street, Narangba, QLD 4504.

You can contact Roy Gripske & Sons by email to webmaster@rgs.com.au.

*Any reference to Roy Gripske & Sons Pty Ltd includes its divisional arms such as GA Power Equipment Spares, Powerup Lawncare Products and Tuff Cut.

COPYRIGHT PROTECTION POLICY

Copyright© 2009-2013 Roy Gripske & Sons.

Ownership of copyright

The copyright in this website and the material on this website which has been created by Roy Gripske & Sons (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Roy Gripske & Sons.

Copyright license

Roy Gripske & Sons grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory;
  • print Shopping Cart, Monthly Order Cart, Favourites List, Invoices pages and downloadable content from this website for commercial use, and
  • all other printed pages are only for personal and non-commercial use.

Roy Gripske & Sons Pty Ltd does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Roy Gripske & Sons Pty Ltd prior written permission.

Images on this website have been digitally watermarked with ownership and usage information. Digimarc and the Digimarc logo are registered trademarks of Digimarc Corporation. The “Digimarc-Enabled” Web Button is a trademark of Digimarc Corporation and used with permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to webmaster@rgs.com.au or Roy Gripske & Sons Pty Ltd, PO Box 603, Redcliffe, QLD 4020.

All references online to material on www.rgs.com.au are required to link back to www.rgs.com.au, crediting GA Power Equipment Spares for its content.

Enforcement of copyright

Roy Gripske & Sons Pty Ltd takes the protection of its copyright very seriously.

If Roy Gripske & Sons Pty Ltd discovers that you have used its copyright materials in contravention of the license above, Roy Gripske & Sons Pty Ltd may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Roy Gripske & Sons Pty Ltd copyright materials that contravenes or may contravene the license above, please report this by email to webmaster@rgs.com.au or by post to Roy Gripske & Sons Pty Ltd, PO Box 603, Redcliffe, QLD 4020.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to webmaster@rgs.com.au or by post to Roy Gripske & Sons Pty Ltd, PO Box 603, Redcliffe, QLD 4020.

PRIVACY PROTECTION POLICY

This Privacy Policy governs the manner in which Roy Gripske & Sons’ collects, uses, maintains and discloses information collected from users (each, a "User") of the www.rgs.com.au website ("Site"). This privacy policy applies to the Site and all products and services offered by Roy Gripske & Sons.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletters, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name and email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifying information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Roy Gripske & Sons Pty Ltd may collect and use Users personal information for the following purposes:

  • To improve customer service
  • Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalise user experience
  • We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site
  • We may use feedback you provide to improve our products and services.
  • To process payments
  • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To run a promotion, contest, survey or other Site feature
  • To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails
  • We may use the email address to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site or unsubscribing via the Account Details page (found via Your Account >> Back Office >> Account Details >> Subscriptions / Newsletters).

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Changes to this privacy policy

Roy Gripske & Sons Pty Ltd has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Roy Gripske & Sons Pty Ltd
www.rgs.com.au
GA Power Equipment Spares Division
11 Sodium Street
Narangba, QLD 4504
Australia
1300 363 004
sparesqld@rgs.com.au

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7th August 2013

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