Effective: July 2015
Please review the following Terms and Conditions of Sale and
the Terms and Conditions of Website Use (collectively, Terms and Conditions)
that govern your use and purchase of products on our site. Your use of our site
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
2.1. This Website also
contains links to other websites, which are not operated by Rogerseller (the
"Linked Sites"). Rogerseller has no control over the Linked Sites and
accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
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
sets out how we will use your personal information, can be found at Privacy
Policy. By using this Website, you consent to the collection, use and
warrant that all data provided by you is accurate.
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
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
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.
9.1. Cookies are small pieces
of information that your browser stores on your computer hard drive. We use
cookies to provide you site usage information as well as to assist us to
improve and develop the products and services we offer. Our cookies do not contain
any personal identifiable information. If you disable cookies on your web
browser, you may not be able to fully experience all features of the
Rogerseller web page.
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
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
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 AvenueBurnley VIC Australia 3121P: 1300 781 966E: firstname.lastname@example.org