All Terrain Warriors: Website T&C

Last updated: 11 November 2024

1.Introduction

1.1. We manufacture and distribute vehicle accessories, provide custom fit-out services and sell custom truck builds.

1.2. By using this website (located at https://www.allterrainwarriors.com.au), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase through the Sites and use of our contact form (collectively, the Services), you indicate your acceptance of these Terms and Conditions (Terms). It is important to read and understand these Terms before you use our Services.

1.3. By accepting these Terms, you are entering into an agreement with Wenmay Pty Ltd (ACN 082 205 525) t/a All Terrain Warriors (ABN 25 082 205 525) of 40 Central Park Drive, Yandina QLD 4561 (Head Office), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (All Terrain Warriors or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

1.4. Our Services, including but not limited to the registration of an account with us or placing of an Order, are not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.

1.5. By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

1.6. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

2. Use of the Services

2.1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.

2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

Your Conduct

2.3. You agree that you will not:

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;

(b) disclose or share your password or login information for the Services with any party;

(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user's use of the Services;

(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;

(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;

(f) post a person’s personal information or images without express permission;

(g) solicit or engage in any illegal or unlawful activity;

(h) use the Service to redirect users to other websites or encourage users to visit other websites;

(i) use the Service for any phishing, trolling or similar activities;

(j) defraud, scam, hack, swindle or deceive other users of the Services;

(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;

(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;

(m) attempt to access any Services or area of the website that you are not authorised to access;

(n) allow third parties to access and use the Services via your account;

(o) collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;

(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;

(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;

(r) use any kind of code, program or device containing reference to the Services in order to direct any person to any other website for any purpose;

(s) resell, rent out or make any commercial use of the Services;

(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;

(u) attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;

(v) use automated methods or processes to use or access the Services or create user accounts;

(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;

(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or

(y) use the Services other than for their intended purpose.

3. User Content

Licence to use User Content

3.1. By providing or sending to us, uploading, publishing, transmitting or making available any data, content or other material to us (User Content), you agree to grant us, our affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution, including for the purpose of completing your Order.

3.2. By uploading, publishing, transmitting or making available any User Content to us, you warrant and represent to us that:

(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to us;

(b) our use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;

(c) any User Content you provide within or in relation to the Services is accurate, complete, not false and not misleading;

(d) the disclosure and use of the User Content to us will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;

(e) our use of the User Content will not breach the security of our Services, us or our users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;

(f) our disclosure and use of the User Content does not violate these Terms or other policies, or any applicable law, rule or regulation;

(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;

(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;

(i) our disclosure and use of the User Content does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;

(j) our disclosure and use of the User Content will not bring us into disrepute; and

(k) the User Content does not contain, promote or enable illegal or unlawful activities.

Our Rights and liability in relation to User Content

3.3. We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however we are not obliged to do so.

3.4. You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within one (1) days’ written notice to you.

3.5. You acknowledge and agree that we do not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that we are not liable for content of other users or any third party content you may encounter. You agree to release us and our agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.

4. Goods, orders and cancellations

4.1. You agree that any purchase of goods and services through our Services, including:

(a) parts, accessories and other products (Products); and

(b) custom truck builds and fit-out services, where your chosen Products are built onto an existing vehicle to create a custom vehicle (Builds),

(together, the Goods)

is subject to these Terms.

Certifications

4.2. Products fitted by us as part of a Build will include certification by our engineer or the Register of Approved Vehicles under our Secondary Stage Manufacturers Approval (Certifications). We will provide you with copies of the Certification(s) either by email or by giving you a physical copy. The physical copy may be left for you inside the completed Build.

4.3. For the avoidance of doubt, Products that are sold to you which are not part of a Build and are subsequently fitted on to a vehicle by a third party are not certified by us. If you wish to obtain certification for Products which have not been fitted by us, you will need to engage a third party engineer and obtain your own certification. Insofar as permitted by law, we exclude all liability for any consequential, indirect, special, punitive, or incidental damages as a result of Products which have not been fitted by us.

Product Orders

4.4. Products may be purchased through our online store or, where online sales are not available for the specific Product, through our sales team (Product Order).

4.5. Online sales are not available for built-as-ordered Products including without limitation trays, bodies, canopies, canopy accessories, camper bodies, bus pods, dual wheel carriers, bullbars, towbars, roof racks, aftermarket seats, wheel kits and suspension kits (BAO Products). For the avoidance of doubt, BAO Products must be purchased through our sales team.

4.6. To purchase Products, including BAO Products, you will need to provide your contact details including your full name, address, email address and phone or mobile number. Your personal information is used in accordance with our Privacy Policy.

4.7. To purchase BAO Products through our sales team, please:

(a) use the contact form on our website located at contact-us/.

(b) call us on 07 5446 8666; or

4.8. For BAO Products, a 20 per cent deposit of the purchase price is required to cover material costs for the Product (BAO Deposit). The balance of 80 per cent of the purchase price plus any applicable duties and taxes will be invoiced and payable in full when the BAO Product is completed and ready for collection.

4.9. A Product Order, other than for a BAO Product, is accepted once:

(a) you have submitted your Product Order online;

(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and

4.10. A Product Order for a BAO Product is accepted once:

(a) you have submitted a Product Order through our sales team;

(b) you have paid the BAO Deposit; and

4.11. By placing a Product Order, you are making an offer to purchase your selected Products for the purchase price (including the delivery and other charges and taxes) stated on the website or notified to you by our sales team, at the time that you place your Product Order.

4.12. We reserve the right to:

(a) accept or reject your Product Order or part thereof for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your Product Order;

(b) cancel a Product Order at any time, for valid reasons such as product unavailability, provided that we will inform you promptly of any such cancellation;

4.13. Where we exercise the rights above, we will notify you by email and suggest an alternative Product, remove an item from a Product Order or provide a refund of the purchase price or any deposit paid, where applicable and we shall not be liable for any loss or damage whatsoever arising from such acts.

Cancellations

4.14. Except in relation to a BAO Product or as permitted by the Australian Consumer Law, you cannot cancel or amend a Product Order.

4.15. You may cancel a BAO Product Order. If a BAO Product Order is cancelled mid-product, a restock fee of 10 per cent of the purchase price will apply.

4.16. If you are entitled to cancel a Product Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by us as a direct result of the cancellation (including, but not limited to, any loss of profits).

Images of Goods

4.17. Whilst we have made every attempt to show textures, appearances and colours of our Goods as accurately as possible, images may vary from the delivered Goods depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional products and accessories shown in a Product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.

Availability of Products

4.18. All Product Orders are made subject to availability. Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.

4.19. Where we cannot fulfil your Product Order or part thereof, we will notify you within a reasonable time after you complete your Product Order. Please note that we may need to reject your Product Order or part thereof on this basis.

4.20. If your Product Order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable Products. Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in delivery of your Product Order. In this case, you may elect to proceed with your Product Order on the basis of a delayed delivery date, cancel your Product Order or select an alternative Product. If you do not vary or cancel your Order within five (5) business days of notification, you are deemed to have accepted the delay.

4.21. We reserve the right to limit the sale of Products to reasonable quantities, in our sole discretion or to provide a quote based on minimum quantities (in which case the Product Order must be for at least the minimum quantities).

Recalls and bans

4.22. If any Products are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any recall applicable to such Products.

Variation to Goods and Prices

4.23. We reserve the right to vary, amend, add or remove payment methods, prices or Goods offered in the Services from time to time in our sole discretion as we see fit, with reasonable notice, including but not limited to, the Good, its description, name, category and quantity. We also reserve the right to provide specific terms and conditions related to the sale or use of a particular Good, in our sole discretion. Such changes will not affect Orders submitted before the change was made. If any such variation, amendment or change affects an Order that has already been submitted, we will provide you with the option to cancel your order and obtain a full refund for any amounts paid, provided that you notify us within five (5) Business Days of notification of such change.

5. Custom Builds

5.1. To purchase a Build, you may:

(a) submit an expression of interest using our online form located at build/ (Form);

(b) call us on 07 5446 8666; or

5.2. To purchase a Build, you will need to provide your contact details including your full name, address, email address and phone or mobile number. Your personal information is used in accordance with our Privacy Policy.

5.3. If you have submitted a Form, a member from our team will contact you within three (3) business days to arrange a 1-1 telephone consultation to discuss your Build (Consultation).

5.4. During or after the Consultation, you will receive a quote for your Build in writing (Quote). The Quote is valid for 30 business days, after which the Quote will expire.

5.5. If you decide to proceed with the Quote, you must notify us in writing and pay a $1,000 deposit amount into our bank account (Deposit). Payment details are as specified on the Quote. We have the right to amend the Deposit amount required at any time by updating these Terms and notifying you such change will only apply to Orders submitted after the date of change. Any such amendment will not affect a Build Order or Deposit made prior to such amendment.

5.6. After receiving the Deposit, the Quote is converted to an order and you will receive an order confirmation in your email inbox for your signature (Build Order). Once signed, your order is confirmed and a purchase order for the cab chassis is sent to one of our dealers (Confirmation).

5.7. If you change or alter your Build Order after Confirmation, an administration fee of $150+GST applies (Admin Fee). We have the right to amend the Admin Fee amount at any time by updating these Terms and notifying you such change will only apply to Orders submitted after the date of change. You must sign a new order confirmation form in relation to any alteration of your Order made after the original Confirmation.

5.8. If you cancel your Build Order after Confirmation, we will retain the Deposit. For the avoidance of doubt, the Deposit will not be refunded to you where a Build Order is cancelled.

5.9. You may pay for the Build either by standard payment or under finance.

5.10. Standard payment

(a) If you decide to proceed with a Quote, the Deposit is payable in accordance with clause 5.4 above.

(b) Once the cab chassis arrives at the dealership for pre-delivery and seven (7) business days before we undertake customisation of the Build, we will invoice you for:

(i) the cost of the cab chassis; and

(ii) 50 per cent of the Build cost.

(i) photos of the Build;

(ii) a Collection Form; and

(iii) a final invoice for the balance due.

(d) Once we complete the Build, the final invoice must be paid and cleared in accordance with these Terms before collection of the Build.

5.11. Payment under finance

(a) Alternatively to clause 5.10 above, you may pay for the Build under finance.

(b) If you decide to proceed with a Quote, the Deposit is payable in accordance with clause 5.5 above.

(c) Once the cab chassis arrives at the dealership and before we undertake customisation of the Build, we will send you an invoice for full payment of the Build.

(d) If your finance covers the total cost of the Build, we will refund the Deposit to you.

(e) You may also deduct the Deposit from your financing.

(f) The invoice must be paid at least two (2) weeks prior to collection of the Build.

5.12. You acknowledge and agree that the completed Build provided to you will be:

(a) unregistered;

(b) not roadworthy; and

5.13. You acknowledge and agree that it is your sole responsibility at your cost to obtain registration and a certificate of roadworthiness in your place of residence prior to driving the completed Build.

6. Prices and payment

Prices

6.1. Unless specified otherwise, prices displayed in our Services and in our Quotes are shown in Australian dollars (AUD) and are inclusive of GST. Please note that shipping and delivery charges are not included in the displayed prices and will be a separate charge.

6.2. Prices of Goods, as well as delivery and any other charges displayed in our Services and in our Quotes are current at the time of issue but may change at any time and are subject to availability.

6.3. For the avoidance of doubt, Product prices are factored into the cost of the Build.

6.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any Goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Variation to Prices

6.5. You acknowledge and agree that prices for Builds may vary between the date of Order and date of Delivery due to vehicle model updates, feature changes, and other factors beyond our control (Variation). Any Variation will be capped to the amount of 2.5% of the original price for the Build as set out on the Confirmation.

6.6. You will be notified of any Variation in writing prior to Delivery. If you do not agree to the Variation, you have the right to cancel your order and receive a full refund for amounts paid, including the Deposit as set out in clause 5.5 above.

Payment

6.7. Full payment for the purchase of Products, except for BAO Products, is required at the time of placing your Order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

6.8. Payment for BAO Products must be made in accordance with clause 4.8 above.

6.9. Payment for Builds must be made in accordance with clause 5 above.

6.10. Payment may be made by the methods and to the accounts specified or approved by us in writing.

6.11. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the Order.

6.12. Online payments are processed through SSL certified and secured third party banking providers and payment gateways. Insofar as permitted by law, we accept no responsibilities for the ongoing security of these providers.

6.13. You may be redirected from our website to third party banking providers and payment gateways in order to complete your online transaction. For the avoidance of doubt, All Terrain Warriors does not store your credit card details and this information is dealt with in accordance with the terms and policies of the third party banking providers and payment gateways. For more information, please refer to our Privacy Policy.

7. Warranties

7.1. Our Goods and Services are covered by our Warranty Terms If you seek to make a claim under warranty, please follow the process as set out in our Warranty Terms.

7.2. Our Warranty Terms do not limit or exclude any rights available to you under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

7.3. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

7.4. You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Services.

8. Returns and refunds

Returns, refunds and defective Goods will be handled in accordance with our Returns Policy.

9. Delivery and shipping

9.1. Goods will be sent to your nominated address or to a freight depot by us or our nominated carrier, depending on the size of your package, and whether it is a Product or a Build. The size of your package and shipping costs will be set out on the Order Form.

9.2. Small packages will be sent to your nominated address using express shipping. Delivery may take up to seven (7) business days for remote locations.

9.3. Medium packages will be sent to your nominated address using standard shipping. Delivery may take up to 21 business days for remote locations.

9.4. For large packages and Builds, you are required to fill a collection form prior to Delivery and provide information including the collector’s details and contact information (Collection Form). The Collection Form will be sent to you via email by a member of our team, along with further information regarding collection of your Build and payment.

9.5. Large Packages will be sent on pallets (Pallet) to a freight depot as nominated on your Collection Form. You are required to collect the Pallet, at your cost, from your nominated freight depot. For the avoidance of doubt, you are not required to return the Pallet to us after collection and you may retain or dispose of this at your discretion.

9.6. Builds will be sent to our Head Office, and you are required to collect the Build directly from our Head Office within 14 days of notification of the completed Build (Notification). If the Build is not collected within this time frame, a storage fee of $40+GST will apply for each day after the Notification (Storage Fee). We have the right to amend the Storage Fee amount at any time by updating these Terms and notifying you and such variation will only apply to Orders submitted after the variation date.

9.7. For the avoidance of doubt, Pallets and Builds will not be sent to your residential address.

9.8. You acknowledge and agree that Delivery times may be subject to availability by the relevant manufacturer or dealership and we are not liable for any delay in Delivery as a result of these third parties. If the chosen chassis for your Build is not in stock at the time of your Order, Delivery may take 6 to 18 months from the date of the Order.

9.9. You acknowledge and agree that we provide details from your filled Collection Form to third party freight companies in order to deliver the Goods to you. Provision of your personal information is handled in accordance with our Privacy and you are welcome to contact us if you have any issues with the use or disclosure of your details in this way.

9.10. Delivery of the Goods (Delivery) is taken to occur:

(a) for Builds and Pallets, at the time that you, or your nominated carrier takes possession of the Goods at our Head Office or your nominated freight depot; or

(b) for Products, at the time that we (or our nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.

9.11. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then we are entitled to charge a reasonable fee for redelivery and/or storage.

9.12. Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. We will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.

9.13. You acknowledge and agree that it is your responsibility to provide true, accurate and up-to-date information to us, including without limitation your name and nominated delivery address, for the purpose of delivering the Goods to you. All Terrain Warriors excludes all liability for your failure to provide true, accurate or up-to-date delivery information to us for the purposes of us delivering the Goods to you. Where you have subsequently amended your delivery information due to error or provision of inaccurate information and we are required to reship the Goods to the corrected address, you will bear all associated costs.

9.14. If we are organising Delivery of the Goods to you and you have not received your order within a reasonable time following the expected delivery times as set out in this clause 9, please contact us at 07 5446 8666 or via email at sales@allterrainwarriors.com.au. We can provide you a copy of the order confirmation and a tracking number to confirm the dispatch of the Goods.

10. Risk and title

If you or your freight company are collecting the Goods from us, risk of damage to or loss of the Goods and the collection passes on to you and you must insure the Goods on or before Delivery. If we are arranging delivery of the Goods, then risk and title of the Goods passes to you upon Delivery.

11. Promotions and discounts

11.1. Promotions or discounts are subject to their own specific terms and conditions as provided by us from time to time.

11.2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$50 Discount’ coupon cannot be used during a ‘10% Off’ Sale.

11.3. We reserve the right to:

(a) terminate, modify or extend any promotional offer at any time, without notice; or

(b) cancel any Order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

12. Termination

12.1. Without prejudice to any other remedies, we may:

(a) cancel all or any part of any Order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or

(b) terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any Orders placed prior to the date of termination, at our election.

12.2. If we cancel an Order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, we will not be liable to you for any further loss or damage you suffer because we have exercised its rights under this clause or these Terms.

13. Intellectual Property

13.1. We own, control or licence all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (All Terrain Warriors IP).

13.2. All Terrain Warriors IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without our prior written consent.

13.3. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:

(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the All Terrain Warriors IP or our Services or cause or assist others to do so;

(b) challenge our ownership of All Terrain Warriors IP;

(d) use or make any intellectual property that is similar to All Terrain Warriors IP.

13.4. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.

13.5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.

13.6. This clause survives termination of these Terms.

14. Privacy and communications

14.1. You expressly consent to and agree to allow us to send you emails regarding the Services, including any information regarding or relating to our Goods and services and marketing and promotional materials in accordance with our Privacy.

14.2. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.

14.3. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, Order confirmation/assistance, product offers and/or other promotional purposes) via the contact details you provide to us, including by phone, email or post (as applicable).

15. Unauthorised access and malicious materials

15.1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.

15.2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

16. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

17. Limitation of Liability

17.1. To the maximum extent permitted by law, neither we, nor any of our employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;

(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;

(d) any Goods or services supplied by us; or

(e) these Terms or any breach of these Terms.

17.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

17.3. To the maximum extent permitted by law, our liability under these Terms shall be limited to any one or more of the following:

(a) the replacement of the Goods or re-supply of equivalent Goods or services;

(b) the repair of such Goods or services;

(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or

(d) the payment of the cost of having the Goods repaired.

17.4. To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

17.5. To maximum extent permitted by law, our total aggregate liability to you under or in any way connected with these Terms or a Good, or the performance or non-performance of these Terms is limited to the total amount paid for any Goods purchased by you in the six (6) month period immediately preceding the date on which the relevant claim arose.

17.6. This clause survives termination of these Terms.

18. Disclaimer of Warranty

18.1. We provide the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither we, nor any of our employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.

18.2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any Goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.

19. Release and Indemnity

19.1. You agree to release and indemnify and hold us and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Goods or services purchased from us, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

19.2. This clause survives termination of these Terms.

20. Amendments and correction of errors

20.1. We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.

20.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. For the avoidance of doubt, we will not change any Terms applying to an existing Order that has already been accepted by us. The Terms that would apply to any such Order are the Terms that applied at the time you placed the Order.

20.3. We reserve the right to amend any errors in the Services, including any pricing errors, and amend any prices and Goods, at any time without notice to you.

21. General

21.1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

21.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.

21.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

21.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

21.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

21.6. Jurisdiction: These Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.