Smithies Outback Gear recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers.
We are bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth), as amended, in relation to the handling of personal information. Where appropriate we will handle personal information relying on the related bodies corporate exemption and the employee exemption in the Privacy Act.
We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.
We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.
USE OF INFORMATION
We usually collect personal information such as your name, address, telephone number. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and we will seek your consent to collect it. Sensitive information means information about a person’s racial or ethnic origin; political opinions; membership of a political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual preferences or practices; criminal record; health information and genetic information.
We use your information to provide our services to you, to fulfil administrative functions associated with these services, for example for billing purposes, to enter into contracts with you or third parties and for marketing and client relationship purposes. Any information that we collect in relation to your credit or debit card details is not kept by us after we use it. We do pass this information on to our financial institution and to our bill payment systems provider to deal with your credit or debt card in order to process your information for the purposes of payment to us for your advertising. When you make an online transaction to purchase our products we utilize the services of PayPal and your financial information is given to them and not collected by us.
We may share your information with other companies which are related to Smithies Outback Gear within and outside of Australia. We may also use your personally identifiable information to assist us in improving our products and services and we may also be in touch to let you know about goods, services, or promotions that may interest you.
Generally when we collect your information and it is used for a secondary purpose that use will be related to the primary purpose. We may use or disclose information as is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
At any time, you may notify us of your preference on this issue by contacting our privacy officer as set out at the end of this document. Please allow a reasonable time for your preference to be implemented.
USE BY THIRD PARTIES
Smithies Outback Gear may disclose your information to its service providers and contractors from time to time in Australia or overseas to help us to provide and market our goods and services to you. If we do this we generally require these parties to protect your information in the same way we do.
USE OF AGGRAGATE DATA
We may collect certain non-personal information to optimise our goods and services including our Web pages for your computer (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.
Smithies Outback Gear may use personally identifiable information in aggregate form to improve our goods and services including our Web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by Smithies Outback Gear or provided to others as a summary report for marketing, advertising or research purposes.
Smithies Outback Gear strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
ACCESS TO PERSONAL INFORMATION
You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why. To request access, please contact our privacy office as set out at the end of this document.
POSSIBLE DISCLOSURE TO OVERSEAS RECIPENTS
Smithies Outback Gear uses several services that are located overseas, principally in the USA, all of which have Privacy Policies that have obligations to protect information in a substantially similar way as Australia and they have mechanisms that you can access to take action to enforce protection.
Smithies Outback Gear uses Google Data analytics which does not collect your personal information. To learn more about how this works go to: http://www.google.com.au/intl/en_uk/analytics/privacyoverview.html
UNSOLICITED PERSONAL INFORMATION
If Smithies Outback Gear receives information which we did not ask for we will determine whether we could have collected this information lawfully. If we determine that it could not then we will destroy it and de-identify it where it is lawful to do so.
ONLINE LINKS TO THIRD PARTY AND CO-BRANDED SITES
Smithies Outback Gear may establish relationships with business partners that allow visitors to our Internet sites to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.
WHAT YOU SHOULD KNOW ABOUT INTERNET PRIVACY
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your own computer.
Whenever you voluntarily disclose personal information over the Internet, this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet.
FOR MORE INFORMATION
Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.
Welcome to Smithies Outback Gear
1 Smithies Outback Gear
Who we are
1.1 Smithies Outback Gear is an Bricks and mortar showroom & workshop who also operate an online shop where you can purchase products offered for sale from time to time by entering your details in the form and clicking on the button that says “place order”.
1.2 Smithies Outback Gear website is owned, operated and maintained by Smithies Outback Gear of 2/4 Southeast Blvd, Pakenham Victoria 3810.
How you order
3.1 By clicking on the “place order” you are agreeing to the following:
(a) You are accepting an offer to purchase a product for the price advertised at the time of your purchase on Smithies Outback Gear
(b) You have the intention of being legally bound.
(c) You are over the age of 18 years or have the permission of an adult to do so.
(d) You have read and understood the terms and conditions of this Agreement.
(f) You authorize us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the purchase of products.
3.2 Once your order is placed you will receive an email from us setting out your order.
4.1 Prices are as follows:
(a) Prices for products sold exclusively within Australia are advertised in Australian dollars and are GST inclusive but have a delivery cost added to the final price where indicated. The delivery cost will be calculated at the end of your order and will be dependent on your location.
(b) Prices for products sold outside Australia are advertised in Australian dollars
and have a delivery cost added to the final price but have no GST included or added to the final price. The delivery cost will be calculated at the end of your order and will be dependent on your location.
4.2 All items sent by post or courier do not have any insurance coverage included in the purchase price including loss or damage to an item.
4.3 Payment is to be made in Australian dollars.
4.4 Offers on the Smithies Outback Gear form part of these terms and conditions.
4.5 Smithies Outback Gear will not be held liable for any loss due to you entering incorrect details on the form including but not limited to an incorrect address provided by you. In the event that you change your address between the time you purchase a product you must notify Smithies Outback Gear in writing of your change of address. You can contact the us for more details on 03 5940 3377
5.1 Products will be delivered to you within 1 to 5 weeks of your order.
5.2 In the event a delivery is delayed we will inform you of this and provide you with the option to either wait giving you an approximate wait time, choose a different product of equivalent value or refund your money.
6.1 You may return your product within 30 days of us dispatching your purchase to you provided that products returned must be in the original unopened packaging and the packaging must not be damaged.
6.2 Any opened packaging will not be accepted to be returned.
6.3 Under no circumstances will we refund monies before we have received your product back to our premises and checked it as being in the original unopened and undamaged packaging.
6.4 All returns are subject to a $ 20.00 administration fee which you authorize us to be deducted off the balance to be refunded to you.
6.5 We may refund by cheque, credit card or PayPal.
6.6 Refunds take approximately 2-4 weeks to process by cheque, approximately 5-10 days by credit card and approximately 2-3 days by PayPal.
Dispatched goods not received
7.1 In the event that you do not receive dispatched products and we are unable to assist you to locate them in transit and we will require you to provide us with a Statutory Declaration witnessed by an eligible person and setting out that you have not received your product before we will consider replacing a product lost in transit. We have the sole discretion to refuse to replace a product lost in transit.
8.1 All statutory guarantees apply to our goods.
8.2 In the event that a problem arises and a statutory guarantee applies which is not major will offer to repair, replace or refund your product.
8.3 In the event that the problem is major you are able to choose whether you want a replacement or a refund.
8.4 A major problem is:
(a) The product is unsafe
(b) The product is significantly different from the description
(c) The product doesn’t do what we say it would do or it is not what you asked for and can’t be easily fixed.
8.5 Products that are damaged as a result of normal wear and tear are not considered to be faulty.
Protecting Your Privacy
Use of the Website
10.1 You may not use the website in any manner or for any purpose that is unlawful, that violates any right of Smithies Outback Gear or any other person, or that is prohibited by this Agreement. In particular, but without limitation, it is a condition of your use of and/or access to the website that you do NOT do any of the following:
(1) Use the website for commercial purposes unless you are making a purchase from our website;
(2) Use any mechanism, software or other scripts in relation to the website which could disrupt or interfere with the website or any servers, software, hardware or equipment connected to or via the website, including any robot exclusion headers;
(3) Restrict or inhibit any other User from using or enjoying the website;
(4) Distribute or transmit any Content of any kind which contains a virus or other harmful component;
(5) Distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Users;
(6) use the website for the purpose of advertising or promoting political parties or extremist organisations;
(7) Violate any Applicable Law relating to your use of the website; or
(8) Use the website in any manner which we, in our sole opinion, consider inappropriate or inconsistent with the intended purpose of the website.
10.2 In order to protect other Users and Smithies Outback Gear from inappropriate use of the website, you warrant, without limitation, that Your Information:
(1) is information provided for purchases from our Smithies Outback Gear store;
(2) is not false, inaccurate, misleading or fraudulent;
(3) does not involve commercial activities or sales, including advertising or pyramid schemes;
(4) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy;
(5) does not violate any Applicable Law; and
(6) will not create liability for Smithies Outback Gear or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
11.2 You must promptly inform us if you become aware that any of Your Information breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.
11.3 In order to protect your security, we encourage you not to include any personal information that makes you readily identifiable to other Users. In addition, you should never share information such as your telephone number, home address or credit information with other Users.
12.1 We do not check, and do not take responsibility for:
(1) the veracity, accuracy or completeness of information provided by you on or in connection with the website (including the identity, age or place of residence); or
(2) Content on this website which we source from Third Party Websites.
13.1 You acknowledge that the Content in this website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights.
13.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of Smithies Outback Gear, do any of the following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store Content;
(2) incorporate Content into any other website or use Content for any commercial purpose;
(3) store Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
(4) use Content in any manner or for any purpose which is unlawful, which violates any right of Smithies Outback Gear or which is prohibited by this Agreement.
13.3 Subject to clause 13.2, you must ensure that all copies of material from the website retain any copyright or other intellectual property notices contained in the original material.
13.4 Some of the copyright in the Content is included on the website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this website) must be obtained from the copyright owner. It is your responsibility to obtain such authorisation.
13.5 All names, logos and trademarks (both registered and unregistered) are the property of Smithies Outback Gear, or the third parties who have contributed to this website. Nothing contained on this website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the website without the prior express written permission of Smithies Outback Gear or the third party contributor.
Indemnity and Limitation of liability
14.1 You indemnify Smithies Outback Gear, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this website. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use this website;
(2) reliance on any Content;
(3) the transmission of any computer virus;
(4) Smithies Outback Gear’s negligence;
(5) a breach of your computer’s security;
(6) any unauthorised access to, modification or alteration of Content;
(7) any material or data sent or received or not sent or received;
(8) any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(10) any Content sent by any third party using and/or included in this website; and
(11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
14.2 In relation to Non Excludable Rights, any liability incurred by Smithies Outback Gear in relation to the use of this website or the Content is limited as provided under the Competition and Consumer Act 2012 (Cth). Liability which cannot be excluded is limited to the extent possible:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or repaired;
(4) a refund.
15.1 The website and the Content are provided on an “as is” basis. Smithies Outback Gear makes no representations or warranties regarding the accuracy, reliability or completeness of the Content of the website.
15.2 From time to time Smithies Outback Gear may change the website to add or remove features or services, without liability to Users.
15.3 To the fullest extent permitted by law, Smithies Outback Gear disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to your use of the website, or access to or non-access to the website. In addition, Smithies Outback Gear does not warrant that the website or the server that makes it available, or email sent from Smithies Outback Gear are free of viruses or other harmful components.
16.1 The website contains links to Third Party Websites that are not owned, operated or maintained by Smithies Outback Gear. Smithies Outback Gear has no control over the content or policies of such Third Party Websites and accepts no responsibility for any Loss arising from your use of a Third Party Website.
16.2 Links to Third Party Websites are for your convenience only and do not constitute endorsement or recommendation by Smithies Outback Gear of any material found at those sites.
17.1 During your use of the website, we may issue to and request from your computer blocks of data known as “cookies”. By using this website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the website.
18.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
18.2 If you breach any provision of this Agreement and has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by Smithies Outback Gear.
Governing law and jurisdiction
19.1 All matters relating to this website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales,Australia.
19.2 Smithies Outback Gear has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if considers (in its discretion) that the action is necessary or desirable.
Using the Website from outside Australia
20.1 If you access the website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the website.
20.2 If you do use the website despite infringing clause 20.1, you agree to indemnify for any Loss which may be incurred as a consequence.
21.1 In this Agreement:
(1) Agreement means the terms, conditions, notices, disclaimers and offers to purchase contained in this document and elsewhere on the website;
(2) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country);
(3) Content means any information including files, text, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, service documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, on this website, obtained or able to be viewed by accessing any part of this website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
(4) Smithies Outback Gear means Smithies Outback Gear its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001;
(5) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the website;
(6) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;
(7) Non Excludable Rights means the rights and remedies conferred by the Competition and Consumer Act 2012 (Cth) in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the use of this website or your use of or access to the website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Non Excludable Rights;
(8) Third Party Websites means sites and resources located on servers maintained by others over whom Smithies Outback Gear has no control;
(9) User means any person who visits, browses or utilizes the website;
(10) Your Information means any information you provide to us in the process of purchasing products from Smithies Outback Gear.