Website Usage Policy
Effective: July 2015
In these Terms and Conditions, "we", "us" or “Rogerseller ”means Rogers Seller & Myhill Pty Ltd ABN: 51 004 222 422 and "you" means the person, organisation or entity that purchased the products or related services from us.
1. Website Access
1.1. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
1.2. We reserve the right to
refuse supply of the products or services ordered by you, terminate our
contract with you or terminate your account with us at our sole discretion and
without incurring any liability to you. 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 some parts or this entire Website.
2. Linked Sites
3. Notice of Terms & Conditions
3.1. Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
3.2. If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
5. Intellectual Property Rights
5.1. This site and its contents are subject to copyright. The copyright is owned by Rogers Seller & Myhill Pty Ltd 51 004 222 422, or in the case of some material, a third party.
5.2. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
5.3. This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
6.1. You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.
6.2. Rogerseller makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Neither Rogerseller, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
7.1. Rogerseller cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Rogerseller entirely of all responsibility for any consequences of its use.
8.1. We will never knowingly send you electronic messages without your consent.
10. Third Party Sites
10.1. This site may contain links to third party sites. Rogerseller is not responsible for the condition or content of those sites as they are not under Rogerseller's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Rogerseller of the sites or the products or services provided on the site. Rogerseller does not permit any linkages to this site without prior permission. Rogerseller is not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.
11. Applicable Law
11.1. This site is created and controlled by Rogerseller. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia. This site may be accessed throughout Australia and overseas. Rogerseller makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
12.1. We may change any provision in these Terms and Conditions without notice so we advise that, even if you are a frequent purchaser from us, you check these Terms and Conditions whenever you want to purchase products from us. Any change of these Terms and Conditions will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
12.2. We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
12.3. You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
12.4. Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
12.5. If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
12.6. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If you need to contact us for any reason, please do so using the contact details below:
Rogers Seller & Myhill (Rogerseller)
173-177 Barkly Avenue
Burnley VIC Australia 3121
P: 1300 781 966