Terms of Service
Overview
This website is operated by GROG. Throughout the site, the terms “we”, “us” and “our” refer to GROG. GROG provides this website, including all information, tools and services available through it, on the condition that you accept all terms, conditions, policies and notices set out here.
By visiting our site and/or purchasing something from us, you engage with our Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referred to in this document or available elsewhere on the site. These Terms apply to all users of the website, including browsers, customers, merchants, vendors and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all of these Terms, you must not access the website or use our services.
Any new features, tools or services added to the store will also be subject to these Terms. We may update, change or replace any part of these Terms by posting changes on this page. It is your responsibility to review this page from time to time. Continued use of the website after any updates are posted constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority and have given consent for any minor dependants to use this site.
You must not use our products or services for any unlawful or unauthorised purpose, and you must not violate any laws in your jurisdiction through your use of the Service, including copyright laws.
You must not upload, transmit or distribute any viruses, worms or other malicious or destructive code.
Any breach of these Terms may result in immediate termination of your access to our services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason.
You understand that content you provide to us, excluding payment information, may be transferred unencrypted across various networks and may be adapted to meet technical requirements of connecting systems or devices. Credit card and payment information is always encrypted during network transfer.
You agree not to copy, reproduce, duplicate, resell, exploit or otherwise make commercial use of any part of the Service, access to the Service, or any contact or content on the website, without our prior written permission.
Headings in these Terms are included for convenience only and do not affect interpretation.
Section 3 – Accuracy, Completeness and Timeliness of Information
We do not guarantee that information available on this site is accurate, complete or current. The content on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate or current sources.
This site may contain historical information. Historical information is provided for reference only and may no longer be current.
We may update, modify or remove content on this website at any time, but we are under no obligation to update any material. You agree that it is your responsibility to monitor changes to the site.
Section 4 – Changes to the Service and Pricing
Product prices may change without notice.
We reserve the right to modify, suspend or discontinue the Service, or any part of it, at any time and without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
Section 5 – Products or Services
Some products or services may be available exclusively online through this website. These items may have limited availability and may only be returned or exchanged in accordance with our Returns Policy.
We make reasonable efforts to display product colours and images as accurately as possible, but we cannot guarantee that your device or monitor will display colours correctly.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, region or jurisdiction, and to do so on a case-by-case basis. We may also limit quantities of any product or service offered through the site.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited by law.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
To the fullest extent permitted by law, GROG and its representatives, affiliates and third-party providers will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage arising from the use of GROG products, services, online tools, programs or applications.
If any GROG product is promoted or used as a deterrent, tracking aid, safety accessory or security-related product, you acknowledge that such products do not guarantee prevention of theft, loss, damage or incident, and to the fullest extent permitted by law, GROG is not liable for any resulting loss or damage.
Section 6 – Billing and Account Information
We reserve the right to refuse or cancel any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may apply to orders made using the same customer account, payment method, billing address or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time of purchase.
You agree to provide accurate, current and complete account and purchase information for all orders placed through our store. You also agree to promptly update your account details, including your email address and payment details, so we can complete transactions and contact you where necessary.
Section 7 – Optional Tools
We may provide access to third-party tools that we do not monitor, control or manage.
You acknowledge that such tools are provided on an “as is” and “as available” basis, without warranties, representations or conditions of any kind and without endorsement. We accept no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with the terms of the relevant third-party provider.
We may also introduce new services, features or tools in the future, and those will also be subject to these Terms.
Section 8 – Third-Party Links
Certain content, products and services available through our Service may include materials from third parties.
Links on this website may direct you to third-party websites that are not affiliated with GROG. We are not responsible for examining or evaluating the content, accuracy or reliability of any third-party website or material, and we do not accept liability for them.
We are not responsible for any harm, loss or damage arising from your purchase or use of goods, services, content or resources provided by third-party websites. Please review the relevant third party’s policies and practices before engaging in any transaction with them.
Section 9 – User Comments, Feedback and Submissions
If you send us submissions, ideas, suggestions, proposals, creative concepts, feedback or other materials, whether requested by us or not, you agree that we may use, edit, copy, publish, distribute, translate and otherwise make use of them in any medium at any time without restriction.
We are under no obligation to:
- keep any comments confidential,
- pay compensation for them, or
- respond to them.
We may, but are not required to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, threatening, infringing or otherwise objectionable, or that violates these Terms.
You agree that your submissions will not violate any rights of any third party, including copyright, trademark, privacy or personal rights. You also agree not to submit material that is false, unlawful, abusive, defamatory, obscene, misleading, or contains malware or malicious code.
You are solely responsible for any comments or content you submit and for their accuracy. We accept no responsibility or liability for any content posted by you or any third party.
Section 10 – Personal Information
Any personal information you submit through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
From time to time, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders where information is inaccurate, at any time and without prior notice, including after an order has been placed.
Except where required by law, we undertake no obligation to update, amend or clarify information on the site or in the Service.
Section 12 – Prohibited Uses
In addition to any other restrictions in these Terms, you must not use the website or its content:
- for any unlawful purpose
- to solicit others to perform unlawful acts
- to violate any laws, regulations or ordinances
- to infringe our intellectual property rights or those of others
- to harass, abuse, insult, defame, intimidate or discriminate
- to provide false or misleading information
- to upload viruses or malicious code
- to collect or track the personal information of others
- to spam, phish, scrape, crawl or spider
- for obscene or immoral purposes
- to interfere with or bypass the security features of the Service or related websites
We reserve the right to terminate your use of the Service or website if you breach these prohibited use rules.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that results obtained from use of the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel it at any time without notice.
Your use of the Service is at your sole risk. Except where expressly stated by us, the Service and all products and services delivered through it are provided “as is” and “as available”, without any representation, warranty or condition of any kind, whether express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the fullest extent permitted by law, GROG, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, arising from your use of the Service or any products purchased through it, whether based in contract, tort, negligence, strict liability or otherwise.
Where certain laws do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless GROG and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, subcontractors, employees and representatives from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms, the documents they incorporate, or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable part will be treated as severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
These Terms remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.
We may terminate this agreement or suspend access to our Service at any time, without notice, if in our sole judgment you fail, or we suspect you have failed, to comply with any provision of these Terms. You will remain liable for all amounts due up to the date of termination.
Section 17 – Entire Agreement
These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement between you and GROG regarding your use of the Service and supersede any prior agreements, communications or proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
Section 18 – Governing Law
These Terms of Service and any separate agreements under which we provide services to you are governed by the laws of Western Australia, Australia.
Section 19 – Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, amend or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically for updates. Continued use of the website or the Service after changes are posted constitutes acceptance of those changes.
Section 20 – Contact Information
Questions about these Terms of Service should be sent to us via our Contact Us page.