Terms & Conditions

Terms of Use

The Gear4dad website (the ‘Website’) is owned and operated by Wisebuy Pty Ltd ABN 97 140 135 833 trading as Gear4dad ACN 139 008 567. Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Gear4dad reserves the right to amend the Terms of Use at any time. The Website is intended to apply internationally to residents located throughout the world.

Your Obligations

You must use the Website in a responsible manner.

Copyright and Trademark Notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Gear4dad and protected by copyright law under the laws of Australia and International Copyright laws.

The Website does not grant you a licence nor acts as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Gear4dad or expressly authorised in writing by Gear4dad.

Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Gear4dad or an associated entity or which is prohibited by the Terms of Use.

Advertising, Third Party Content and Links to Third Party Websites

The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties. Gear4ad does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Gear4dad of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.

The Website also contains products offered for sale. Some of the information provided on the Website concerning the products may be information from third parties. Gear4dad is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. The third party products, services and information are not provided or endorsed by Gear4dad and your legal relationship is with the third party supplier.

Gear4dad may receive fees and/or commissions from the third parties for goods displayed on the Website or sold via the Website. You acknowledge and consent to Gear4dad receiving these fees.

Prices, Products and Services are Subject to Change

All prices displayed and products offered for sale on the Website are subject to change without notice.

No Reliance on information

The information contained in the Gear4dad Website is presented for the purpose of outlining particular products listed for sale. All information contained on the site, including information relating to third party products, is for information purposes only.

Indemnity

By entering into the Website, you agree to indemnify Gear4dad from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Trade Practices Act (Commonwealth) 1974 and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Gear4dad via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Gear4dad excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.

Save for your Statutory Rights, in respect of the Website:

All material on the Website is provided to you without warranties of any kind, either express or implied;

Gear4dad expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

Gear4dad does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

Gear4dad does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;

You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.

To the extent permitted by law, including but not limited to any act or omission on the part of Gear4dad, Gear4dad will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that Gear4dad does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

Limitation of Liability

To the extent permitted by law, Gear4dad’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Gear4dad, to one or more of the following:

* replacement of the goods or supply of equivalent goods;

* repair of the goods;

* the payment of the costs of having the goods repaired;

* the payment of the costs of replacing the goods or equivalent goods;

Termination

The Terms of Use are effective until terminated by Gear4dad. Gear4dad may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.