Cull and Harding Pty Ltd ACN 000 281 738 trading as ROC Boots Australia is the owner and operator of this website, www.rocboots.com (Website).
Reference to the branding 'ROC' is referring to the registered Australian trademark of ROC Boots Australia.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend this Website or the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of this Website.
Your internet service provider may impose a connection or data charge when you access or use this Website or for any material you upload to or download from the Website. You are responsible to pay any applicable connection or data charges.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision constitutes a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. We recommend you maintain appropriate security measures.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use this Website will immediately cease. If you wish to terminate your account, you may simply discontinue using this Website.
We are not liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
INTELLECTUAL PROPERTY, SOFTWARE & CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of ROC Boots Australia or its licensors and are protected by copyright and other laws and treaties around the world. All such rights are reserved by ROC Boots Australia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You must not upload to our Website any materials which are excessive in volume or which infringe any third party’s intellectual property, privacy, confidentiality or other rights or which violate any applicable law or contract. You agree to comply with ROC Boots Australia's procedures and policies in respect of uploading information and materials as specified on the Website from time to time including in relation to content, volume and format. ROC Boots Australia assumes no responsibility or liability in relation to materials posted to the Website by a user. Users are solely responsible for the content of materials that they post to the Website and for their interactions with other users. ROC Boots Australia is not responsible for and does not endorse the content of any materials uploaded by a user. ROC Boots Australia does not warrant or represent the accuracy, utility, currency or any other characteristic of materials uploaded by any other person. ROC Boots Australia may remove any material you upload to the Website at any time for any reason. You grant ROC Boots Australia a perpetual, irrevocable, royalty free license to use, copy, amend and republish (in any media) any materials you upload to the Website, without any acknowledgement or attribution, at our discretion. In this section, the term "Website" includes our website at www.rocboots.com and any social media sites we operate from time to time.
ADDITIONAL TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to these Terms. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from freight delays or force majeure for which we will not be responsible. You cannot cancel an order once accepted subject to our Returns Policy.
In order to contract with ROC Boots Australia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ROC Boots Australia retains the right to refuse any request made by you. Where a contract is made with a third party, ROC Boots Australia is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. ROC Boots Australia is not obliged to accept any order and may refuse to accept any order for any reason.
You agree to deal with ROC Boots Australia in good faith and in compliance with all applicable laws. ROC Boots Australia may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
(b) Pricing and Availability
Prices on the Website include GST unless otherwise indicated and are subject to change without notice. All amounts are in Australian Dollars. We may provide special offers in relation to our goods from time to time. At any time, we may cancel any special offer without advance notice. If cancelled, the special offer will continue to apply to orders in good faith that we have confirmed in accordance with these Terms before the special offer was cancelled.
Whilst we try and ensure that all details, descriptions, applicable discounts and prices which appear on this Website are accurate, errors may occur. If we discover an error in respect of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order with the correct details or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs where applicable, will be charged in addition; such additional charges are clearly displayed and included in the 'Total Cost'.
Upon receiving your order, ROC Boots Australia uses PAYPAL as a gateway to fulfill the payment process. As all payments are processed by PayPal, we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and PayPal and PayPal's own terms and conditions apply to each payment. PayPal may not accept all types of credit and debit cards and may only accept credit and debit cards issued by the service providers specifically identified by PayPal from time to time. You should ensure you are familiar with all PayPal terms and conditions that apply before you submit any payment through PayPal.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy to the extent legally permitted. Unless expressly stated to the contrary to the fullest extent permitted by law ROC Boots Australia hereby expressly exclude all conditions, warranties, guarantees and other terms (Conditions) in relation to the Website, the services and any goods offered or supplied which might otherwise be implied by statute, common law or the law of equity. Where such conditions cannot be excluded by law, to the extent legally permitted, ROC Boots Australia limits its liability (at its option) to replacement, repair or payment of the cost of replacement or repair. ROC Boots Australia is not liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon or for any performance or non-performance of obligations by ROC Boots Australia, irrespective of whether such damages were foreseeable or arise in contract, tort (including negligence), equity, restitution, by statute, at common law or otherwise. This does not affect ROC Boots Australia's liability for any matter which cannot be excluded or limited under applicable law. To the extent that ROC Boots Australia's liability in contract, tort (including negligence), equity, restitution, by statute, at common law or otherwise cannot be excluded or limited for any reason, ROC Boots Australia limits its maximum aggregate liability to the amounts received from you under the affected order, where applicable or to the sum of $50 AUD where the liability does not relate to an order.
ROC Boots Australia is not responsible for any delay in performing or for any failure to perform its obligations arising under these Terms where such a delay or failure arises from events outside ROC Boots Australia's reasonable control.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account. Without limitation, you must not create any false identities or pretend to be someone who you are not. You must not create multiple accounts without our consent.
You are responsible for safeguarding the password that you use to access this Website and for any activities or actions under your password, whether your password is with this Website or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You may not use a username of another person or entity, or a name that is otherwise offensive, vulgar or obscene. You must indemnify us for all losses, costs and expenses we suffer from your breach of the Accounts section of these Terms.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with ROC Boots Australia and you should not rely on the existence of such a connection or affiliation. Any third party trademarks/names featured on this Website are owned by the respective trademark owners. Where a third party trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ROC Boots Australia.
You agree to indemnify, defend and hold harmless, ROC Boots Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website, your ordering of goods or your breach of these Terms.
ROC Boots Australia may in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this Website.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
CUSTOMER ISSUES AND RESOLUTION
If you believe the item you have purchased from our online store is faulty or does not match the description, please contact ROC Boots Australia customer service email@example.com with a full description of the fault, your order # and photos for our product returns department to assess. You will then be advised how to proceed. Please refer to our Returns Policy for other information about exchanges and refunds.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Your use of and access to this Website including ordering any goods from this Website is governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales in respect of all disputes and matters. The Vienna Convention for the International Sale of Goods does not apply.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. if a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the service. Your continued use of the service will be deemed as your acceptance of the changes.
If you have any questions about these terms, please contact us firstname.lastname@example.org