This website, www.bushmantanks.com.au (Website) is owned and operated by Bushmans Group Pty Limited ABN-54 137 242 347 (the Company).
These Terms and Conditions of Website Use (Terms) govern your access to and use of this Website. When using the Website, you must comply with the Terms.
The Company may change the Terms at any time. You will be notified of these changes at http://www.bushmantanks.com.au/information. If you do not agree with the Terms you should leave the Website immediately. By continuing to use the Website, you accept the Terms.
The material on the Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Intellectual Property Rights
All intellectual property rights of any kind in this Website are owned by or licensed to the Company and are protected by copyright, trade mark and other intellectual property rights and laws, and the Company reserves all rights.
Nothing in these Terms shall be construed as conferring on you any right or license (by implication, estoppel or otherwise), under copyright or other intellectual property rights, in relation to the Website and/or content on the Website.
Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under Australian copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this Website without the Company’s prior written consent.
You must not, without the Company’s prior written consent, modify, reproduce, adapt, alter, decompile, disassemble, reverse engineer, post or upload to another website, transmit, broadcast, copy, duplicate, distribute, publish, create derivative works of, exploit or otherwise deal with any material on the Website in any way, in whole or in part.
Disclaimer and Limitation of Liability
The content, products and services available on this Website are provided on an “as is” basis. The Company does not represent that the information contained in this Website is accurate, comprehensive, verified, complete or error free.
The Company assumes no liability for the contents of any other website you may access from this Website.
Certain State and Commonwealth legislation, including the Australian Consumer Law (as amended from time to time), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.
To the maximum extent permitted by law, the Company excludes all liability whether under statute, in contract or in tort (including negligence) in relation to this Website, any content or 2 2012
material on this Website and/or your use of this Website or of any content or material on this Website, including but not limited to in relation to the compatibility, security, quality or fitness for purpose of any content or any goods or services available on this Website.
To the maximum extent permitted by law. the Company will not be liable for any losses sustained and arising out of or in connection with use of this Website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. If any law prohibits the exclusion of such liability, the Company limits its liability to the extent permitted by law, to the resupply of the relevant material or information.
The Company does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences or faults of any kind.
Order Changes and Cancelations
Bushmans tanks are made to order. Orders cancelled after ten (10) business days from date of order, may be charged a cancellation fee of $150.00 for all tanks up to 5000 litres and $300.00 for all tanks over 5000 litres.
Bushmans retains the right to cancel any order at any time. If Bushmans decides to exercise this right, Bushmans must notify the customer and must also return all relevant deposits held to the customer. As Bushmans tanks are made to order, changes to orders, such as requesting a change to a different size and/or colour may also be subject to a re-stocking fee of 10% for tanks up to 5000 litres and 20% for all tanks over 5000 of the net sales price.
Returns and Refunds
Once a product has been manufactured, delivered to the customers’ requested delivery address and fitted or not fitted to the customer’s request, it will be taken that the customer is satisfied with the final product and cancellation can no longer be take place.
Only in extenuating circumstances will Bushmans consider offering a refund or part there-of, if the order has been received, paid for and the product has been manufactured and fitted to the customers’ requirements and delivered to customers requested delivery location. Written correspondence will be required, (within a period of no longer than thirty (30) days from the delivery date), from the person who originally placed the order with Bushmans, via the original email address that was supplied when the order was originally placed, or by a person who has the legal authority to act on that persons’ behalf, which clearly states the reason/s for the request of refund. This request will be reviewed by Bushmans and if approved, an email will be sent to the customer outlining the details of the extent of refund to be made. As Bushmans tanks are made to order, returns may also be subject to a re-stocking fee of 10% for tanks up to 5000 litres and 20% for all tanks over 5000 of the net sales price. Return freight and escort charges may also apply.
Web Shop Delivery
The delivery service provided by Bushmans is subject to the condition that the delivery address provided by the customer falls within the same post code as the selected reseller’s local area. Bushmans undertakes the responsibility to deliver the ordered products to the post code specified by the customer, which corresponds to the reseller’s designated area. In the event that a different post code is entered during the ordering process, and the specified location is more than 50 kilometres away from the selected reseller, Bushmans reserves the right to deliver the products to the chosen reseller’s premises. It will then become the customer’s responsibility to arrange for the pickup and or delivery of the products from the reseller at their own expense. Bushmans reserves the right to modify or terminate the web shop delivery service, as well as update these terms and conditions, at any time without prior notice.
It is the customer’s responsibility to review the terms and conditions regularly for any changes. By placing an order on the web shop and opting for delivery, the customer indicates their acceptance of these terms and conditions related to web shop delivery.
You agree to indemnify the Company and the Company’s related bodies corporate (as defined in the Corporations Act 2001 (Cth)) partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website and/or of any content or material on this Website.
Third Party Content, Products and Services
Products and services offered for sale or advertised, and other information found on this Website, may be the products, services and information of third parties.
Third party products and services are not provided by the Company. If you purchase third party products and services, your legal relationship will be with the third party supplier and not the Company. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. The Company may receive fees or commissions from third parties for such products and services.
The Company makes no representations about the accuracy or suitability of the information provided on this Website. The information is provided ‘as is’ without express or implied warranty. You use the information at your own risk.
Information and Materials You Send To Us
Your Use of This Website
You must only use the Website in accordance with the Terms.
You must comply with all applicable laws regarding your use of this Website.
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website without the necessary permission of the relevant rights holder. 3 2012.
You must not do or fail to do, directly or indirectly, anything which may:
(a) violate any applicable local, state, national or international laws;
(b) infringe or adversely affect the Company’s right, title and interest in the Website or content of the Website;(c) infringe or adversely affect any third party’s rights;
(c) interfere with or disrupt the Website operation, functionality, security or any hardware, software, servers, networks or equipment connected to it;
(d) interfere with or disrupt the use of the Website by other users of the Website;
(e) “stalk” or otherwise harass other users of the Website;
(f) attempt to monitor, gather or extract information about Website usage, architecture or users; or
(g) create a link to any part of the Website without the Company’s prior written consent.
In addition, without limiting any other provision of these Terms, you must not:
(h) access, monitor or copy any content or information of the Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
(i) take any action that imposes, or may impose, in the discretion of the Company, an unreasonable or disproportionately large load on the Website infrastructure;
(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
(k) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in any Australian jurisdiction from time to time; or
(l) post or transmit any information which infringes the rights of others including, without limitation, privacy rights or copyright, trade mark or other proprietary rights.
This Website may contain links to other websites which are not under the Company’s control or which are not maintained by the Company. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk. We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this Website does not imply any endorsement or sponsorship by the Company of that website or that we are affiliated in any way with the third party operating that third party website.
Change of Information, Products and Services
Information, tenants, products and services published or discussed on this Website are subject to change without notice.
If in the Company’s reasonable opinion you fail to comply with any of these Terms, the Company may terminate or limit your access to this Website.