Terms and Conditions

 

This Website (referred to in these Terms of Access as the "Website") is owned and operated by BRT Constructions Pty Ltd  ("the Owner") on the World Wide Web ("WWW").

The Website is available for you to:

(a) Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part I.

(b) Provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below in Part II.

 

 

Part I - Use of material on the Website

Except for the limited use set out in paragraph B you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) "framing" the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.

 

 

Links to other Websites

The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site, and
(b) is not responsible for the material contained on those linked sites.

 

 

Termination of access

The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind, arising as a consequence of terminating access to the Website.

 

Alteration of Terms of Access

The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.

 

 

 

Relevant jurisdiction

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

This Agreement will be governed by and interpreted in accordance with the law of the Australian Capital Territory, Australia without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the Courts of Canberra, ACT to determine any dispute arising out of this Agreement.

 

 

Part II - Terms and conditions relating to the providing of information about your product or service

 

Uploading information

You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

 

 

License to use intellectual property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the "intellectual property") on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free license throughout the world to:

(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and

(b) allow the Owner to sub-license others the same rights granted to the Owner in (a) above.

 

 

Removal of information

In relation to any material and/or information included on the Website, the Owner may remove any material and /or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification, for removing the material and /or information.

 

 

Limit of liability

The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

 

 

Indemnity

You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

 

 

Relevant jurisdiction

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

This Agreement will be governed by and interpreted in accordance with the law of the Australian Capital Territory, Australia without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the Courts of Canberra, ACT to determine any dispute arising out of this Agreement.

 

 

Part III - Terms and conditions of Sale

 

Orders

Your completion of the order form on this web site will constitute an offer by you to purchase the Products ('Order').  All Orders are subject to our acceptance.  Any Order under these Conditions must be placed via the forms provided on this web site and must specify information requested including, without limitation:

  • quantity and description of the Products;
  • full street address to which the Products are to be delivered; and
  • current billing address to which the credit card statements are to be sent.

You must complete all information requested on the Order form before we process the Order.  We will send you an email acknowledging the Products ordered as soon as possible after you have placed an Order.  Our acknowledgement of your order by email will not constitute an acceptance of the Order.  An Order for Products will only be binding on us when we accept the Order by a separate email once your payment has cleared.  If we do not accept your Order for any reason, we will inform you by email or in writing.

 

 

Prices

All prices provided on this web site are inclusive of a Goods and Services Tax ('GST'), unless explicitly stated otherwise.  The GST payable by you will be shown on the invoice provided at the time of delivery of the Products.

The purchase price for the Products will be at our selling price on the date of our receipt of the Order, less any applicable discounts in effect at that time.  All Orders will attract a delivery charge as set out on our Delivery page.

We will not be responsible for errors in pricing that appear on this web site.  We will notify you in the event of a pricing error on the web site before an Order is delivered, and you will have the opportunity to cancel your Order in accordance with these Conditions.

 

 

Payment

Payment for Products purchased from The Outdoor Table via this web site can be made by VISA, MasterCard or PayPal.

The Outdoor Table will verify the credit card information you submit and will advise you that your payment has been accepted.  You must submit to The Outdoor Table such information as may be reasonably requested by The Outdoor Table for the authorisation and verification of your credit card purchases.

We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers.  Your personal information is protected by SSL with the highest level of encryption commercially available to ensure that your transaction is safe and secure.

The Outdoor Table will deliver the Products to you only once the payment has cleared into the specified The Outdoor Table bank account.  The Outdoor Table reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider.  If your credit card provider rejects a payment when due, The Outdoor Table at its discretion may delay or cancel delivery of any Order you have placed.

The Outdoor Table has the right to offset and deduct from any refund due to you all sums owed by you to The Outdoor Table.  If your account is placed in collection, The Outdoor Table will be entitled to claim all reasonable expenses for collection, including legal fees incurred.

 

Delivery and Cancellation

We will deliver a Product between 1-6 business days after acceptance of an Order, in accordance with the terms of delivery and Delivery Schedule set out on the 'Delivery' page of this web site.  If you wish to change or cancel your Order, you must immediately contact us by email and we will endeavour to accommodate your request, if the Products have not been dispatched.  If you change or cancel your Order after 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your Order, including, but not limited to, transportation and administration costs, and such costs will not exceed more than 50% of the total price of the ordered Products.

 

Stock Availability

If a Product is "out of stock" when we process your Order, we will contact you to discuss revised delivery times or refund options.

 

Returns Policy

You may return Products to us for exchange or refund within seven days of receipt of the Products, provided that the Products are in perfect condition, unused, unwashed and are accompanied with their original packaging.  Unless faulty, Products must be returned, at your own cost, with a dispatch note stating our original invoice number. Please email us for the address.

Once we have received the returned Products, we will notify you via email of your exchange or refund.  Delivery costs will only be refunded if the return is as a result of our error.  If you believe any Products are faulty, please contact us immediately by email.

 

Title and Risk

You agree that until payment of all moneys owing to us, the Products remain the property of The Outdoor Table  The risk of any loss or damage to the Products passes to you from the time we dispatch the Products to your specified address or other agreed address.

 

Liability and Indemnity

Except as required by law, all warranties beyond those expressly given in these Conditions, whether express or implied and whether statutory or otherwise, with regard to the Products as to quality, fitness for purpose or any other matter are excluded.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods, or
  • the repair of such goods, or
  • the payment of the cost of replacing the goods or of acquiring equivalent goods, or
  • the payment of the cost of having the goods repaired; and
  • if the breach relates to services:
  • the supplying of the services again, or
  • the payment of the cost of having the services supplied again.

 

 

Amendments to Conditions

We may revise these Conditions from time to time by updating this web page.  You are bound by such revisions and should therefore regularly revisit this page to review the current Conditions by which you are bound.  Your continued use of the web site after a revision of these Conditions evidences your acceptance of that revision.

 

 

Governing Law

These Conditions are governed by the laws in force in the Australian Capital Territory, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction

 

 

Part IV - Web Site Terms and Conditions of Use

This Website (referred to in these Terms of Access as the "Website") is owned and operated by BRT Constructions Pty Ltd in these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to BRT Constructions Pty Ltd and includes its related entities.

These terms and conditions apply to the use of this web site.  In using this web site, you agree to be bound by these terms and conditions.  If you do not accept these terms and conditions, you must refrain from using the web site.  These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

 

 

Information Available on Web Site

All information provided by us at the web site is provided in good faith.  We derive the information on our web site from sources which we believe to be accurate and up to date as at the date of publication.  We nevertheless reserve the right to update this information at any time.  You accept that any information provided by us is general information and is not in the nature of advice.  In addition, we do not make any representations or warranties that the information we provide on this web site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on this web site.  You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our web site.

You agree to use our web site for lawful purposes only.

 

 

Product Descriptions

Images, drawings, sizes and materials relating to products and accessories displayed on this web site are for illustrative purposes only.  Actual colour specifications for a particular product may vary depending on your personal computer settings.

 

 

Registration

In order to access certain parts of this web site, or process certain transactions offered on this web site, you may need to become a registered user.  To become a registered user, you must complete your registration details in the manner described here Click here to view the The Outdoor Table Registration form.

We reserve the right to terminate your registration and to withdraw your access to this web site at any time if you breach these terms and conditions, or if we consider that you are using the services provided on this web site in an inappropriate manner.

You must ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to the registration details as originally supplied.

Upon registration, you will be provided with an account designation.  You must not disclose your password to another person, or permit another person to use your password to access this web site.

 

 

Disclaimer of Liability

We do not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

Any exclusion or limitation of liability set out in these terms and conditions or on the web site does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

 

 

Specific Warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

We do not warrant the accuracy, adequacy or completeness of any information contained on this web site, nor do we undertake to keep this web site updated.  We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Where the information made available on this web site contains opinions or judgments of third parties:

 

  • you acknowledge that any opinions or advice by third parties on this web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;
  • we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
  • we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

 

Responsibility for the content of any advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

 

Intellectual Property Rights

You accept that the intellectual property rights subsisting in all materials on this web site are owned or licensed by us and that you gain no interest in relation to them.  Such rights include rights relating to this web site's look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form.  You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.

 

 

Copyright

Copyright in this web site (including text, drawings, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Information procured from a third party may be the subject of copyright owned by that third party.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this web site, or
  • commercialise any information, products or services obtained from any part of this web site, without our written permission or, in the case of third party material, from the owner of the copyright in that material.

 

 

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.

You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited.

You may not without our written permission on-sell information obtained from this web site.

 

 

Linked Web Sites

This web site may contain links to other web sites.  Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

You must not link to any part of this web site other than the home page without our written consent.