TERMS & CONDITIONS
Gorilla Sports Pty Ltd
ABN: 74 633 802 418
Trading as Gorilla Sports Australia
Australian Head Office, Showroom and Warehouse
66 Lillee Cres, Tullamarine VIC 3043
P: 1300 661 060
E: info@gorillasports.com.au
Welcome to Gorilla Sports Australia! This website is owned and operated by Gorilla Sports Australia Pty Ltd under the domain name gorillasports.com.au (the Website).
These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.
The Website is operated in Australia and New Zealand and references to currency are in Australian dollars and or New Zealand dollars unless otherwise specified.
INFORMATION AVAILABLE AT THE WEBSITE
Unless expressly stated otherwise, the Content does not:
• Constitute an offer or inducement to enter into a legally binding contract or
• Form part of the terms and conditions for our products and services.
While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.
Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
ORDERS
By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.
We are unable to make changes to your order once it has been placed.
If you’ve made a mistake with your order, you are welcome to return it to us once it has arrived for a refund. We offer free returns, within the terms of our Returns Policy. If you’ve made a mistake with your address, please contact Customer Service, we will make every effort to retrieve your order and update the address details.
SECURITY
We use Shopify for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly and securely through Shopify.
If you are considering sending us any other personal information through maxxus.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.
AVAILABILITY OF THE WEBSITE
While we do take care to ensure the Website is free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.
In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.
LINKS
The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.
YOUR CONSUMER RIGHTS
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
TERMINATION AND SUSPENSION
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
LIMITATION OF LIABILITY
Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):
• Resupplying goods or services to you or supplying equivalent goods.
• Repairing the goods or paying to have the goods or services resupplied or goods repaired.
You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.
Subject to Your Consumer Rights, we are not liable:
• For any loss that was not reasonably foreseeable to you and us at the time you first used this Website.
• For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity.
• To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control.
• Any loss to the extent contributed to by your negligence or breach.
COPYRIGHT AND TRADEMARKS
Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).
Trademarks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.
CHILDREN
Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for:
(i) the online conduct of the Minor;
(ii) monitoring the Minor's access to and use of the Website; and
(iii) the consequences of any use of the Website by the Minor.
PROMOTIONS
We will, from time-to-time, make available to you offers & discounts in the form of a Promo Code or Special Pricing related to your Account with us. These are subject to the terms & conditions communicated to you when the offer is made available. All offers and promotions are at Maxxus Australia sole discretion and are subject to variation or withdrawal without notice.
CHANGES TO THESE TERMS OF USE
We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with enough notice of the variation. Use of the Website and the Content at any time is governed by the current Terms of Use on the Website at that time.
JURISDICTION
The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.