Introduction

Welcome to Outback Equipment!

Before using our Website, please review the following terms and conditions applicable to your use and enjoyment of our Website.

The following terms and conditions, together with the Terms and Conditions of Trade, Shipping & Delivery Policy, Returns Policy and Privacy Policy govern:

2. the use of our Website;

3. interactions with Outback Equipment through social media;

4. purchases of Products from or through Outback Equipment or our Website; and

5. services provided by Outback Equipment,

(together the ‘Interactions’) and constitute the entire agreement between the contracting parties (‘Agreement’).

If you are uncertain about any of the terms of the Agreement, please contact Outback Equipment before the completion of your purchase.

By continuing to interact with Outback Equipment in any way, including, but not limited to, the Interactions, you agree that you have read and understood, and agree to be bound by these terms and conditions as amended from time to time.

1. Review of terms

1.1 These terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to Outback Equipment. You can make this request by contacting us via the “Contact Us” section of our Website. Use of this Website will be governed by the terms and conditions in force upon the date of your transaction.

1.2 Your continued use of the Website following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. For this reason, you should frequently review these terms and conditions to understand the terms and conditions that apply to your use of this Website.

1.3 From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Outback Equipment reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

2. Advice and information

2.1 The advice and information contained within or accessible by you through our Website (‘Information’) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

2.2 While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colours, directions, labels, warnings, information (‘Product Details’) or other content available on our Website is accurate, complete, reliable, current, available or error- free. Please refer to the packaging on each Product to ascertain an accurate and current representation of the Product Details for each Product. We take no responsibility for any loss or damage arising from use of the Information, Product Details or reliance on our advice.

2.3 Reference to any Products, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Outback Equipment.

3. Terms of sale

3.1 By purchasing Products from Outback Equipment you warrant and represent that you are at least the age of majority in your state, territory or province of residence and are legally capable of entering into these terms.

3.2 You are responsible for providing current, complete and accurate purchase and account information for any purchases made from the Website and you agree that you will update this information if and when it changes. You agree not to hold Outback Equipment, agents, officers or employees responsible for any loss or damage resulting from any inaccurate information provided to Outback Equipment by you and relied upon by Outback Equipment in providing a Product or service.

3.3 You are responsible for ensuring that the Products are appropriate and safe for use by you or in the course of your business. You must not rely on any information provided by Outback Equipment, which will always be general in nature. Any injury, illness or death of any person incurred in the use of the Products is your responsibility, and to the extent permitted by law you agree not to hold Outback Equipment, its agents, officers or employees responsible for any such loss or damage.

3.4 You warrant that the purchase of Products of the type ordered by you from Outback Equipment are lawful in your state, territory or province of residence, and that the shipping of such Products to you by Outback Equipment will not constitute an offence under any relevant law or regulation.

3.5 Prices displayed on the Website do not include any relevant customs charges, taxes or tariffs, unless expressly stated. You will be responsible for all such fees and charges, as well as any customs processing required in relation to the Products ordered from Outback Equipment.

4. Social media

4.1 Our general policy is not to delete your comments on Outback Equipment’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are:

4.1.1 if your post is unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business;

4.1.2 if your post attacks another contributor or Outback Equipment’s personnel;

4.1.3 if you flood our feed, making it difficult for others to get a word in;

4.1.4 if you post information that may endanger your privacy or the privacy of a third party; and

4.1.5 if your post is off topic.

4.2 While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

5. Reviews and comments

5.1 When using our Website, you may:

5.1.1 review our Products;

5.1.2 request information in relation to our Products; or

5.1.3 participate in forums,

(together the ‘Content’).

5.2 If you submit Content to our Website, you give Outback Equipment permission to use, reproduce (in any medium), modify and publish that Content in a worldwide, royalty- free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the Website.

5.3 By submitting Content, you represent and warrant that:

5.3.1 you understand that you are participating in a public forum and that your Content will be available to all other users of the Website;

5.3.2 you are the sole author and owner of the intellectual property and other rights thereto or have the necessary licenses, rights, consents and permissions to use and authorise Outback Equipment to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Website and these terms and conditions;

5.3.3 you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content;

5.3.4 all Content that you post is accurate;

5.3.5 you are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website and agree to these terms and conditions; and

5.3.6 the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

5.4 You also represent and warrant that any Content you submit:

5.4.1 is not false, inaccurate or misleading;

5.4.2 does not harm minors;

5.4.3 does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

5.4.4 does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5.4.5 does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti- discrimination or false advertising);

5.4.6 is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business;

5.4.7 does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

5.4.8 is not submitted for compensation or other consideration from any third party;

5.4.9 is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and

5.4.10 does not contain any computer viruses, worms or other potentially damaging computer programs or files.

5.5 You must not post Content which seeks to impersonate any person or entity, including, without limitation, any Outback Equipment personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. You may not use the Website to collect or store personal data about other users.

5.6 Outback Equipment reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by you will be excluded if it violates these terms and conditions regarding submission of Content.

5.7 User reviews of Products in no way represent the views or opinions of Outback Equipment or its owners, shareholders, employees or others, but are the sole Product of its creator. Outback Equipment disclaims all liability with respect to the Content.

6. Abusive Behaviour Towards our Staff

6.1 We will not tolerate behaviour towards our staff members that is, or would reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing.

6.2 We reserve the right to immediately terminate the provision of services to you if, in our sole and absolute discretion, we determine that you have behaved in any of the aforementioned ways towards any of our staff members.

7. Indemnity

7.1 You agree to defend, indemnify and hold harmless Outback Equipment (and each of its officers, directors, agents, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of:

7.1.1 your use of and access to the Website;

7.1.2 your violation of any term of these terms and conditions;

7.1.3 a breach of your representations and warranties set forth above regarding Content;

7.1.4 your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

7.1.5 any claim that any Content you submitted caused damage to a third party.

7.2 This indemnification obligation will survive the termination of these terms and conditions and your misuse of our Website.

8. Limitation of liability

8.1 Outback Equipment does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).

8.2 The specifications and descriptions of all Products listed herein may change from time to time without notice. All photographs, illustrations, line drawings, dimensions, and sizes, where shown, are included for reference and guidance only. You should not rely on them to be accurate by scale, and the Product supplied may vary from the specifications indicated.

8.3 You agree not to hold Outback Equipment, its agents, officers or employees responsible for any loss or damage resulting from any inaccurate information provided by Outback Equipment to you and relied upon by you in providing a Product or service.

8.4 By using the Website or ordering our Products, you agree that Outback Equipment is not liable in any circumstances for special, indirect or Consequential Loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the Products you purchase from or through Outback Equipment.

9. Content and intellectual property rights

9.1 The content and design of the Website, and the typeface, imagery and logos used to depict the Products on our Website form part of our intellectual property. Products may also be the subject of our intellectual property. Outback Equipment will defend the intellectual property rights in connection with our Products and the Website.

9.2 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.

9.3 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content or designs on our Website, in whole or in part.

9.4 You may not use our name or logos, intellectual property or trademarks on any website or any other platform without our express written consent.

9.5 You agree to not offer Products purchased from Outback Equipment for resale without express written permission by Outback Equipment.

10. Website security

10.1 Outback Equipment will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.

10.2 You agree that you will not, and will not allow any other person to:

10.2.1 use the Products purchased from Outback Equipment for any purpose other than for your personal use or use during the course of your business;

10.2.2 use the Website or Products for any illegal, unlawful, improper or infringing purpose;

10.2.3 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website; or

10.2.4 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Outback Equipment’s data or the data of our customers.

10.3 You agree to use the Website in accordance with any and all applicable laws.

11. Viruses

11.1 We do not guarantee that the Website or any information (including any files) obtained from or through the Website will be secure or free from bugs or viruses.

11.2 You agree that Outback Equipment has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential, or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of the Website or any information (including any files) obtained from or through the Website containing any bugs or viruses.

11.3 You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

11.4 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

12. Breach and termination

If, in our reasonable opinion, you breach any provision of the Agreement Outback Equipment may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate the Agreement (and your rights to use the Website) at any time and for any reason without prior notice to you.

13. Interface with the Website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website.

14. Applicable law and jurisdiction

These terms and conditions and any transactions contemplated by it will be governed by and construed in accordance with the laws of New South Wales, Australia. By using this Website, you submit to the exclusive jurisdiction of the courts in New South Wales, Australia and agree that any legal action will only be commenced in this forum.

15. Third Parties

15.1 Third Party Links Our site may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of nor are we responsible for the content on those websites. It is up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

15.2 Affiliate links

15.2.1 We may from time to time participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that we may earn commission if/when you click the link and make a purchase using that link whether through our platform or via a third party link.

15.2.2 It is your personal responsibility to consider and decide whether any affiliate offer is right for you or your business and whether it will benefit you or your business. It is your obligation to undertake the due diligence required to decide whether to purchase any affiliate product or service.

16. General

16.1 If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

16.2 No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

16.3 If a dispute arises out of or in connection with these terms or any contract between you and Outback Equipment, then you agree to attempt to settle the dispute by engaging in good faith with Outback Equipment in a process of mediation before commencing arbitration or litigation.

16.4 Outback Equipment is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes, civil unrest, global pandemics and restrictions imposed by law or regulation.

16.5 You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.

16.6 Outback Equipment retains the right to assign, delegate or novate these terms and conditions without notice.

17. Contact information

If you have any questions relating to these terms and conditions, please contact Outback Equipment by emailing [email protected].

18. Interpretation

18.1 ‘Outback Equipment’, ‘we’ or ‘our’ means Outback Equipment (Aust) Pty Ltd ABN 73 600 973 108 and its Related Bodies Corporate (if applicable);

18.2 ‘Consequential Loss’ means damages under the principle known as the second limb of Hadley v Baxendale as interpreted by Australian courts;

18.3 ‘Privacy Policy’ means our privacy policy available at https://www.outbackequipment.com.au/privacy_policy;

18.4 ‘Products’ means products offered for sale by Outback Equipment;

18.5 ‘Returns Policy’ means our returns policy available at https://www.outbackequipment.com.au/returns;

18.6 ‘Related Bodies Corporate’ has the meaning given by the Corporations Act 2001 (Cth);

18.7 ‘Shipping & Deliveries Policy’ means our Shipping & Deliveries policy available at https://www.outbackequipment.com.au/page/shipping-deliveries/; and

18.8 ‘Website’ means our website and online store located at https://www.outbackequipment.com.au/.