All content included in this Site, including but not limited to text, graphics, software, design and code (together the Materials) are owned by or licensed to us. FRSA also claims copyright in each webpage and the whole Site as collective works. You must not:
(a) Modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent;
(b) Frame or embed in another website any of the material appearing on this Site without our prior written consent; and
(c) Change or delete any proprietary notices from materials downloaded from this Site.
You may, for the sole purpose of viewing and purchasing products and placing orders with FRSA but not for any other use, including commercial use:
(a) Store a reproduction of the content on this Site on your local computer; and
(b) Print hard copies of the content and Materials.
This Site contains registered and unregistered trademarks which are protected by law. You must not:
(a) Use any of our marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent; and
(b) Use any of the other company, product and services marks on this Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
You acknowledge that this Site is provided “as is” and that we do not make any warranty or representation as to the suitability of this Site for any purpose. We do not represent, warrant or guarantee:
(a) that you will have uninterrupted or error-free access to, and use of this Site and the processes for buying or ordering our products;
(b) that any notifications on this Site will occur in real time. Notifications may be subject to delays beyond our control, including without limitation, delays due to your physical location or the networks of our and your data service providers;
(c) that this Site or any files available for downloading will be error-free or free from viruses, faults or defects; and
(d) the reliability, accuracy or completeness of the information contained on this Site.
Illustrations and photos contained in this Site are sample representation of the products advertised, and variations may occur from time to time.
Any orders placed by or after using this Site are subject to our terms and conditions of sale, including without limitation, the rights to refuse or cancel orders set out in those terms and conditions.
LIMITATION OF LIABILITY
FRSA will not be liable:
(a) for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Site and the interactive areas of this Site or any facts or opinions appearing on or through an interactive area; and
(b) for indirect and consequential loss arising from or connected to these terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
To the extent the foregoing limitation of liability is prohibited, FRSA's sole obligation to you for damages shall be limited to AU$100.00.
In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit or refund to your credit card account in the amount of the incorrect price. In such a case, you will be given the opportunity to re-order at the correct price.
TERM: TERMINATION OF ACCESS
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions or our terms and conditions of sale and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 14 days of our notice to you of that breach; or
(c) if there is an emergency.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
You may stop using the Site at any time and for any reason.
We may stop making this Site (or any part of it) available without prior notice at any time, for any reason. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
We may deliver notices to you by means of mail, e-mail, a general notice on this Site, or by other reliable method to the address you have provided to us. An e-mail is to be treated as having been received at the time it entered the information system of the addressee in an openable and readable form. Receipt may be proved by an electronic or paper record of that event.
This agreement is governed by the laws of Western Australia. Each party submits to the exclusive jurisdiction of the courts of Western Australia. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to exclude the jurisdiction of other Australian Courts in respect any claim you may have under the Australian Consumer Law.
A failure to exercise or delay in exercising any right, power or privilege by any party will not operate as a waiver of that right, power or privilege. A single or partial exercise of any right, power or privilege will not preclude any other or further exercise of that right, power or privilege, or the exercise of any right, power or privilege.
If any provision in these terms is unenforceable, illegal or void then it is severed and the rest of these terms remain in force.
We reserve the right to vary these conditions from time to time. The latest conditions will always be made freely available to users at www.frsa.com.au
. By continuing to use this Site, you agree to the latest terms and conditions.
USE OF SITE
(a) be over 18 years of age to access and use this Site;
(b) strictly comply with all laws relevant to your access to and use of this Site;
(c) promptly provide us with any information we request in relation to your access to or use of this Site;
(d) first obtain our written consent if you wish to create a link to or from this Site, or any part of this Site;
(e) not distribute, disseminate or send:
(i) communications that contain spam, chain letters or pyramid schemes; or
(ii) viruses or any other technologies that may harm us, this Site or other users of this Site;
(f) not post any content to or on this Site that in our opinion:
(i) is obscene, offensive, threatening, inflammatory, defamatory, pornographic or inappropriate;
(ii) infringes the rights of any third parties, including intellectual property rights; or
(iii) is false or misleading;
(g) not use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or which prevents any other person from using or enjoying the Site;
(h) not make fraudulent or speculative enquiries, purchases or requests through this Site;
(i) not tamper with or hinder the operation of the Site;
(j) not us any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(k) not create or impose an unreasonable load on our systems, databases, infrastructure this Site;
(l) not do anything to bypass any security measures and restrictions we impose with regards to this Site;
(m) not use or collect information about other users of this Site (including names, addresses, telephone numbers and email addresses) without their prior consent;
(n) not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in this Site;
(o) not move any copyright, trade mark or other proprietary rights notices contained in or on this Site;
(p) not create accounts by automated means or under false or fraudulent pretences;
(q) not use the Site other than in accordance with these terms and conditions; and
(r) not attempt any of the above acts or engage or permit another person to do any of the above acts.
We do not and cannot review all communications and materials posted to or created by users accessing this Site, and we are not in any manner responsible for the content of these communications and materials. By providing you with the ability to view and distribute user-generated content on this Site, you agree that we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to user-generated content on this Site. However, we reserve the right to block or remove communications or materials that we determine (at our sole discretion) to be:
(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or other intellectual property right of another; or
(d) offensive or otherwise unacceptable to us
You agree to indemnify us (including our officers, employees and agents) from and against all loss, expense, damage, claim, cost (including our reasonable legal costs), proceeding or liability of any kind that we may incur that arises out of or is connected with your use (including unauthorised use except to the extent that such use could not have reasonably been prevented by you) of or access to this Site or the lawful exercise of our rights pursuant to these terms.
In an attempt to provide increased value to our visitors, we may provide links to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We do not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites;
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
(c) you access and use the products and services made available at those sites solely at your own risk.
RIGHT OF REFUSAL AND RIGHT TO CANCEL ORDERS
This clause is more appropriately placed in a separate set of terms and conditions which deals with the sale of your products, but should be referenced in these terms – see above. Such terms can deal more extensively with how orders are placed, quotes, delivery/collection, title and risk, cancellations, payments and more.