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The term ‘RooRoo Online Retail’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Cockcroft Avenue, MONASH, ACT, 2904, AU. Our ABN is 81 273 547 260. The term ‘you’ refers to the user or viewer of our website.
These terms & conditions are in additional to the normal trading terms and conditions of RooRoo. By accessing any Websites of ROOROO AUSTRALIA PTY LTD (collectively “ROOROO” or "RooRoo") or otherwise indicating acceptance as set forth below, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access the ROOROO Website you re-assert your agreement. If you do not agree with these terms and conditions, then you may not access or use the www.ROOROO.com.au or any other ROOROO Website.
In order to access certain ROOROO e-Commerce Websites and Portals, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing ROOROO Website and ordering product via ROOROO. You agree not to challenge the validity or enforceability of any order made via ROOROO with your password. You must not disclose your password to any person who is not authorised to use the password on your behalf. You will be solely responsible for all unauthorised use of your password by your employees or third parties, except where caused solely and directly by ROOROO negligence. ROOROO highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised.
All sales of products and finished goods offered and supplied by RooRoo Australia Pty Ltd (‘RooRoo’) to its Customer (“Customer”) for resale (“Products”) shall be pursuant to the standard terms and conditions of RooRoo. Any conflicting terms in your purchase order or elsewhere are without effect unless signed by the applicable party(ies). All Customer purchases from ROOROO are deemed to be purchases pursuant to a written agreement.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT AND FOR ALL OTHER OBLIGATIONS OR LIABILITIES ON ROOROO’s PART.
ROOROO NEITHER ASSUMES, NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR ROOROO AUSTRALIA, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS TO Customer. THIS WARRANTY SHALL NOT APPLY TO ANY UNITS OF PRODUCTS WHICH SHALL HAVE BEEN REPAIRED OR ALTERED OTHER THAN BY ROOROO OR WHICH SHALL HAVE BEEN SUBJECT TO MISUSE, NEGLIGENCE, OR ACCIDENT. ROOROO SHALL NOT BE LIABLE FOR PERSONAL INJURY RESULTING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MATERIAL, OPERATION OR INSTALLATION OF ANY UNITS OF PRODUCTS.
Customer further acknowledges that ROOROO will have no responsibility for any claims for infringement of intellectual property rights pertaining to distribution, sale or use of the Products. ROOROO SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS Customer FROM AND AGAINST ANY OR ALL DAMAGES AND COSTS INCURRED BY Customer ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS.
These terms and conditions and all other contracts entered into between ROOROO and the Customer referred to in these terms and conditions are subject to the laws in force in the State of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria, Australia.
ROOROO SHALL NOT BE LIABLE TO Customer, Customer’s CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY Customer, Customer’s CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO Customer, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF ROOROO. IN NO EVENT SHALL ROOROO BE LIABLE TO Customer OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY ROOROO AUSTRALIA, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY Customer HEREUNDER. IN NO EVENT SHALL ROOROO BE LIABLE TO Customer OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH ROOROO’S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OF PERFORMANCE OF ANY PRODUCTS OR INFORMATION ROOROO SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES.
The receiving party shall protect the confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the same manner and with the same degree of care (but in no event less than a reasonable degree of care) as it uses in protecting its own information of a confidential nature for a period of three (3) years from the date of such disclosure. Each party agrees to provide notice to the other immediately after learning of or having reason to suspect a breach of any of the restrictions. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by applicable law, provided that the receiving party uses reasonable efforts to limit the disclosure and provides the disclosing party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
RooRoo is not liable for any failure of the ROOROO service, EDI service, or any other form of electronic communication (collectively, "Electronic Communication") to transmit, receive, store or handle documents or perform related activities. ROOROO does not represent or warrant that the information accessible via the ROOROO Website is accurate, complete or current. Price and availability information is subject to change without notice.
Neither party shall be liable to the other for any delay in performance or failure to perform, in whole or in part, due to labour dispute, strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority, judicial action, computer virus or worm, or similar causes beyond the reasonable control of such party. If any event of force majeure occurs, the party affected by such event shall promptly notify the other party of such event and take all reasonable actions to avoid the effect of such event.
Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event that such good faith settlements fail, excluding any and all disputes, any and all other disputes and controversies of every kind and nature between the parties arising out of or in connection with the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination of this Agreement. This Agreement will be governed by the laws of Victoria, Australia. Should there be any controversy or dispute arising from or related to the Agreement, the Parties agree to resort to the arbitration in Victoria, Australia. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgement, reasonable attorneys’ fees and court costs.
All written notices required by this Agreement must be delivered in person or by means evidenced by a delivery receipt and will be effective upon receipt.
USE OF THE ROOROO E-COMMERCE WEBSITE IS ON AN "AS IS" BASIS AND ROOROO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR RELATED PRODUCTS. ROOROO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ROOROO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE ROOROO WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Customer hereby acknowledges that Products are not intended for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage. ROOROO hereby disclaims any liability or responsibility for risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products.
The information and databases provided to you via certain ROOROO e-Commerce Websites is licensed to you by ROOROO for your use only in the ordinary course of your business for your review, selection and purchase of products from ROOROO AUSTRALIA. This license is non-exclusive, non-transferable, and may be terminated by ROOROO with or without cause at any time.
Except as specifically stated herein, neither ROOROO nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any ROOROO Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
IN NO EVENT SHALL ROOROO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO Customer’s USE OF ANY ROOROO AUSTRALIA WEBSITE OR ROOROO PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF ROOROO OR OTHERWISE. ROOROO LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT ROOROO OPTION.
You agree to defend, indemnify and hold ROOROO and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from or in any way relating to your use of any ROOROO Websites or any Product acquired from ROOROO AUSTRALIA PTY LTD.
These Terms and Conditions, along with (a) the terms and conditions on any ROOROO invoice, (b) the terms and conditions of the ROOROO credit application, and (c) the terms and conditions of any other agreement signed by authorized representatives of both Customer and RooRoo, sets forth the entire agreement and understanding of the parties relating to the subject matter herein. In the event of a conflict between these various terms and conditions, they will take effect in the following order of precedence: (1) any signed agreement between the parties; (2) the terms and conditions on any ROOROO Invoice, (3) these Terms and Conditions, and (4) the terms and conditions in Customer’s credit application to ROOROO. Any terms and conditions on Customer’s purchase order or any other document not signed by ROOROO shall have no force and effect.
Notwithstanding the foregoing, if Customer and RooRoo have executed an agreement that specifically supersedes and replaces or modifies any or all of the Terms and Conditions, the terms of such Agreement shall control. No additional or different terms of conditions, whether material or immaterial, shall become a part of these Terms and Conditions unless expressly accepted in writing by an authorised officer of RooRoo. Any waiver by RooRoo of one or more of these Terms and Conditions or any defaults hereunder shall not constitute a waiver of the remaining Terms and Conditions or any future defaults hereunder. It is the intention of the parties that these Terms and Conditions shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. The rights and obligations of Customer under the Terms and Conditions may not be assigned by Customer without the prior written consent of RooRoo (which shall not be unreasonably withheld).
ROOROO may modify the information and functionality of any ROOROO Website at any time. ROOROO reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, and you agree to be bound by such modifications, alterations or updates. Any modifications, alterations or updates to these Terms and Conditions will be available to you on the ROOROO Website, and you agree to regularly check the ROOROO Website for new versions of these Terms and Conditions.
This Agreement will be governed by the laws of the State of Victoria, Australia, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Customer agrees to pay court costs and reasonable legal fees incurred in the collection of any unpaid balances whether or not suit is filed.
BY ACCESSING ANY ROOROO WEBSITES, YOU ACCEPT ALL THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT (ROOROO: TERMS AND CONDITIONS), IN ADDITION ACCEPT THE TERMS AND CONDITIONS OUTLINED IN THE ROOROO DEALER APPLICATION FORM. BOTH TERMS AND CONDITIONS ARE APPLICABLE ON ALL TRANSACTIONS BETWEEN ROOROO AND THE Customer.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
We may collect the following information:
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
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