Terms of service
OVERVIEW
This website is operated by ROGZ Australia. Throughout the site, the terms “we”, “us” and “our” refer to ROGZ Australia. We offer this website including all information, tools, and services available from it to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing from us, you engage in our Service and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including (without limitation) browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us consent for any of your minor dependants to use this site.
You must not use our products for any illegal or unauthorised purpose, and you must not, in using the Service, breach any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not upload, post, or transmit any harmful or malicious content, including but not limited to computer “worms” (programs designed to spread through networks), viruses, spyware, ransomware, or any other code intended to disrupt, damage, or gain unauthorised access to our systems, other users’ systems, or any related networks.
Any breach or violation of these Terms will result in the immediate termination of your access to our Services and may also result in legal action.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred without encryption and may involve:
a) transmissions over various networks; and
b) changes to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service or any contact on the website through which the Service is provided without our express written permission.
Headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information provided on this site is inaccurate, incomplete, or outdated. The material on this site is offered for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance you place on the material on this site is at your own risk.
From time to time, this site may include certain historical information. Historical information is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. You agree that it is your responsibility to check our site regularly for any changes.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content of it) at any time, without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)’
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
We make every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right though we are not obligated to limit the sale of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for a product or service on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
If we make a change to, or cancel, an order, we may attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You also agree to promptly update your account and other details including your email address, credit card numbers, and expiry dates so we can process your transactions and contact you if needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind, and without any endorsement. We accept no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with, and agree to, the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website including the release of new tools and resources. Any such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may take you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not accept any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any loss, harm, or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials whether online, by email, by post, or otherwise (collectively, “comments”) you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us.
We are under no obligation to:
a) Maintain any comments in confidence;
b) Provide compensation for any comments; or
c) Respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus, malware, or harmful code that could in any way affect the operation of the Service or any related website.
You must not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We accept no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy which you can view at any time.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders, if any information in the Service or on any related website is inaccurate at any time and without prior notice (including after you have submitted your order).
We have no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except where required by law. No stated update or refresh date in the Service or on any related website should be taken to mean that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set out in these Terms of Service, you must not use the site or its content for any of the following purposes:
a) For any unlawful purpose;
b) To solicit others to perform or participate in any unlawful acts;
c) To breach any international, federal, state, territory, or local regulations, rules, laws, or ordinances;
d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) To submit false or misleading information;
g) To upload or transmit viruses, malware, or any other type of malicious code that may be used in any way to affect the functionality or operation of the Service, any related website, other websites, or the internet;
I. To collect or track the personal information of others;
II. To spam, phish, pharm, pretext, spider, crawl, or scrape;
III. For any obscene or immoral purpose; or
IV. To interfere with or bypass the security features of the Service, any related website, other websites, or the internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that any results obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may suspend the Service for an indefinite period or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use the Service is at your sole risk. The Service, and all products and services delivered to you through the Service, are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by law, in no case shall ROGZ Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, loss of profits, revenue, savings, data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any part of the Service or any products purchased through the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ROGZ Australia along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable legal fees, made by any third party as a result of, or arising from:
a) your breach of these Terms of Service or of any documents they reference; or
b) your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the maximum extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and this will not affect the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
Any obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.
These Terms of Service will remain in effect unless and until they are terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts owed up to and including the date of termination, and we may also deny you access to our Services (or any part of them).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals whether oral or written between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms will not be construed against the party that drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service, and any separate agreements under which we provide you with Services, will be governed by and interpreted in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for any updates. Your continued use of, or access to, our website or the Service after any changes have been posted constitutes your acceptance of those changes.
SECTION 20 – CONTACT DETAILS
Rogz Australia
25 Calabro Way. Burleigh Heads QLD 4220
support@rogz.com.au
+61 (0)7 5531 3548
