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Terms & Conditions

Terms & Conditions of Use of Site and Product Purchases

This Site (as defined below) is offered to you, the customer by No Bull Accessories Pty Ltd ACN 145 491 649 at www.nobullaccessories.com.au. Your use of the Site and/or your acceptance of these Site Terms & Conditions, including our Privacy Statement constitute your agreement to all such terms, conditions and statements pertaining to the Site. If you do not agree with these Site Terms and Conditions you are not authorized to use the Site.

We reserve the right to amend these Site Terms & Conditions from time to time without notice to you and at our sole discretion. It is your responsibility to review this page for updates which shall come into effect once posted.

Definitions
In this Agreement, unless the contrary intention appears:

  • 'Intellectual Property Rights' means copyright, patents, trade marks, and other statutory rights and all common law or equitable rights protecting business or personal reputation or confidential information;
  • 'Our Services' means provision of products supplied by us and related information and corresponding with you in relation thereto;
  • 'Site' means the internet site found at www.nobullaccessories.com.au and includes all webpages attached thereto and such other websites as we incorporate.

Rights
All rights in all material and content (including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) accessed at or comprising this Site are owned by us. You acknowledge and agree that you are permitted to use the material and/or content only as set out in these Site Terms & Conditions or as otherwise expressly authorised in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property
We are the owner of and/or permitted to use all Intellectual Property Rights (including without restriction trade marks, service marks, patents, copyrights, database rights and all other Intellectual Property Rights) appearing on or contained within the Site, unless otherwise indicated. You acknowledge and agree that use of the Site does not grant to you any right of use or interest in any Intellectual Property Rights in the Site. Except as provided in these Site Terms & Conditions, any use or reproduction of such Intellectual Property Rights by you is prohibited and to do so is a breach of these terms and may infringe the Intellectual Property Rights of third parties or our Intellectual Property Rights.

Copying
You may view this Site and print hard copies of content, information or material appearing on the Site solely for your lawful, personal, non-commercial use. You agree not to copy, modify, download, reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, store, sell, share or make available to any person, any such content, information or material, or use it for any commercial purposes. All other rights are reserved.

Your conduct
You must not, and must not attempt to:

  • Use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired;
  • Authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights of No Bull Accessories Pty Ltd or its licensors;
  • Reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software application forming part of the Site;
  • Capture or copy any software on the Site for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
  • Hack, infiltrate or otherwise do any thing which may compromise the Site;
  • Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • Contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • Prevent or restrict us from complying with any applicable industry code or Court order.

Further, you must not do any of the following:

  • Use the Site or any of Our Services for any improper, unlawful purpose, causing any nuisance by your use of Our Services or causing the operation of Our Services to be jeopardised or impaired;
  • Use the Site or any of Our Services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
  • Use the Site or any of Our Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
  • Use the Site or any of Our Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
  • Use the Site or any of Our Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trademark, patent, trade secret or other intellectual property rights) of any other party;
  • Use the Site or any of Our Services to create, host or transmit unsolicited advertising material to other users;
  • Use the Site or any of Our Services to create, host or transmit any material that harasses another person; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or use the Site or any of Our Services to make fraudulent offers to sell or buy products, items or services to any person;
  • Use the Site or any of Our Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
  • Use the Site or any of Our Services for any activity which adversely affects the ability of other people or systems to use the Site or any of Our Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • At any time while you are using the Site or any of Our Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.
  • Use the Site or any of Our Services for fraudulent purposes or to send, use or reuse any material that is abusive, is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam', or to cause annoyance, inconvenience or needless anxiety.

If you breach any of these requirements or if we determine in our sole discretion that your conduct constitutes misuse of the Site or any of Our Services, we may restrict, suspend or terminate your access to the Site and any of Our Services without first providing notice to you.

Reviews, bulletin boards, chat rooms, communications and other content
Users of this Site may (if applicable) post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content or your identity. We reserve the right (but not the obligation) to remove or edit any content at any time in our sole discretion and without first providing notice to you.

If you do post content or submit material to the Site, and unless we indicate otherwise, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable right (including the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and/or material throughout the world in any media now known or not currently known but which becomes known. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You also consent to us engaging in conduct which infringes any moral rights you have in your content and warrant to us that a licence and consent in the same terms has been obtained from any third party who owns copyright in or was a creator of all or part of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.

You represent and warrant that:

  • You own or otherwise control all of the rights to the content or material that you post to the Site;
  • As at the date that such content or material is submitted:

(i)         the content and material is accurate;
(ii)       use of the content and material you supply does not breach any applicable No Bull Accessories Pty Ltd policies or guidelines or these Site Terms and Conditions

  • use of the content and material you supply will not cause injury to any person or entity (including that the content or material is not defamatory).

This Site may contain discussion groups, bulletin boards, chat rooms and other interactive services ('Interactive Services'). We do not actively monitor use of any of the Interactive Services available on the Site. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor any of the Interactive Services available on the Site and to remove any content which, in our sole discretion, constitutes a misuse of the Interactive Services and may restrict, suspend or terminate your use of the Interactive Services or the Site in our sole discretion.

No Warranty
We (and our related bodies corporate, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to the Site or any of Our Services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and Our Services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

All implied terms, conditions and warranties (whether statutory or otherwise) are excluded from your use of the Site and the supply of Our Services.

If the Competition and Consumer Act 2010 or any other Act (including, without limitation, equivalent or Territory legislation) implies into these Site Terms & Conditions any term, condition or warranty which or the effect of which cannot be excluded and if No Bull Accessories Pty Ltd breaches such term, condition or warranty then the liability of No Bull Accessories Pty Ltd (if permitted by the relevant Act) is limited, at the election of No Bull Accessories Pty Ltd, to the resupplying of the Services, a refund of the cost of having those Services supplied or payment of the cost of having the Services resupplied ("the Saving Clause").

Limitation of Liability

Subject to the Saving Clause, No Bull Accessories Pty Ltd shall have no liability whatsoever (whether in contract, tort (including negligence), pursuant to statute or otherwise) to you for any loss of profits, liability to any third party, or any indirect or consequential loss or damage of whatsoever kind in respect of the subject matter of these Site Terms & Conditions (including any act or omission of No Bull Accessories Pty Ltd in the performance of these Site Terms & Conditions).

To the extent permitted by law, and subject to the Saving Clause, in the event that No Bull Accessories Pty Ltd is liable to you, then the total and aggregate liability of No Bull Accessories Pty Ltd whatsoever (including in contract, tort (including negligence), pursuant to statute or otherwise) arising out of, or otherwise in relation to, these Site Terms & Conditions (including any acts or omissions of No Bull Accessories Pty Ltd in the performance of these Site Terms & Conditions) shall be limited to payment of damages recoverable at law up to a maximum of the amount equal to the total amount paid or payable by you to No Bull Accessories Pty Ltd under these Site Terms & Conditions.

Indemnity

You indemnify No Bull Accessories Pty Ltd, its related bodies corporate and its and their respective directors, officers, employees and agents and agree to keep each of them fully indemnified from and against any loss, claim or damages (including, without limitation, any costs on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of or arising out of any use by you of the Site, including but not limited to the following circumstances:

Any loss, claim or damages suffered by any third party arising out of or in relation to any information, material or content that you post to the Site;

  • Any loss, claim or damages suffered by a third party as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material or content that you post to the Site; or
  • Any loss, claim or damages suffered by a third party as a result of any act or default committed by you and which is directly or indirectly related to any information, material or content that you post to the Site or use of the Site.

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Site Terms & Conditions.
We (including our subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Privacy
Your privacy is important to us and we would refer you to our Privacy Statement

Third parties
This Site may contain links to third parties operated by parties other than us. References to any products, services, processes, trade names, trademarks, or other information of third parties does not imply or constitute an endorsement, sponsorship association with or recommendation by us. Links to third party sites not operated by us are provided to you for your convenience only. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such sites.

Conditions of Purchase- DISCLAIMER AND INDEMNITY

Subject to the law, we HEREBY DISCLAIM all liability to you and to any third party (including, without limitation, liability for economic loss, property damage, injury or death) arising in any manner whatsoever directly or indirectly from the installation or use  of any or all products manufactured and supplied by us for use in your or any third party's vehicle. You HEREBY AGREE that, to the extent, you purchase any products for use by any third party that you are acting as their authorised agent in making that purchase and agreeing to these terms and conditions. You HEREBY FURTHER AGREE TO INDEMNIFY us and our representatives for any such liability immediately upon receipt of written demand from us setting out same.

Entire Agreement
These Site Terms & Conditions, including our, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Site Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Site Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Site Terms & Conditions shall remain in full force and effect.

Notices
Unless otherwise explicitly stated, notices to No Bull Accessories Pty Ltd must be sent by registered mail to No Bull Accessories Pty Ltd at18 Ferguson Street, Underwood, Qld 4119 and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

Arbitration
Except in the case of an application for urgent interlocutory relief, any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding the legal effect of these terms, the validity of these terms or the exercise of rights under these terms shall be resolved by arbitration in accordance with the Expedited Arbitration Rules of the Australian Centre for International Commercial Arbitration.  The seat of arbitration shall be Brisbane, Australia.  The language of the arbitration shall be English.  There will be only one arbitrator.

Governing Law
These Site Terms & Conditions shall be governed by and construed in accordance with Queensland law and you subject to the exclusive jurisdiction of the Australian courts submit exclusively to arbitration and Court proceedings brought in the State of Queensland in respect of those Terms.