Terms and Conditions
1. About the Website
(a) Welcome to www.grippie.com.au (the ‘Website’). The Website provides you with an
opportunity to browse and purchase various products that have been listed for sale
through the Website (the ‘Products’). The Website provides this service by way of granting
you access to the content on the Website (the ‘Purchase Services’).
(b) The Website is operated by Aside R&D PTY LTD(ACN 651 157 158). Access to and use of
the Website, or any of its associated Products or Services, is provided by Aside R&D PTY
LTD. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
(c) Aside R&D PTY LTD reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Aside R&D PTY LTD updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any changes to
the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Aside R&D PTY LTD in the user interface.
3. Registration to use the Purchase Services
(a) Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website.
As part of the registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself (such as
identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Full Name
(b) You warrant that any information you give to Aside R&D PTY LTD in the course of
completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the
Website (‘Member’) and agree to be bound by the Terms. As a Member you will be
granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Aside R&D PTY LTD; or
(ii) you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or from
which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify Aside R&D PTY LTD of any
unauthorised use of your password or email address or any breach of security of
which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole
use of the Website by you for the purposes of Aside R&D PTY LTD providing the
Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Purchase Services. Appropriate legal action will be taken by
Aside R&D PTY LTD for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will
agree to the payment of the purchase price listed on the Website for the Product (the
‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Paypal (the ‘Payment Gateway
Provider’). In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy
Policy and other relevant legal documentation provided by the Payment Gateway
Providers.
(c) Following payment of the Purchase Price being confirmed by Aside R&D PTY LTD, you
will be issued with a receipt to confirm that the payment has been received and Aside R&D
PTY LTD may record your purchase details for future use.
(d) Aside R&D PTY LTD may, at their sole discretion, provide a refund on the return of the
Products within 30 days where the Product packaging is unopened and remains in a
saleable condition. You acknowledge and agree that you are liable for any postage and
shipping costs associated with any refund pursuant to this clause.
6. Warranty
(a) Aside R&D PTY LTD’s Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure of
the Product and compensation for any other reasonably foreseeable loss or damage. You
are also entitled to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects and
workmanship in the Products within 12 months from the date of purchase (the ‘Warranty
Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Aside R&D PTY LTD showing the date of purchase of the Products, provide a
description of the Products and the price paid for the Products by sending written notice to
Aside R&D PTY LTD by email at grippiegrippie@gmail.com.
(d) Where the Warranty Claim is accepted then Aside R&D PTY LTD will, at its sole discretion,
either repair or replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at no charge to you for parts or
labour. You acknowledge and agree that you will be solely liable for any postage or
shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Aside R&D PTY LTD
and shall be the sole and exclusive remedy available to you in addition to other rights and
under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the
additional excluded items set forth below nor to any supplied Products where the exterior
of which has been damaged or defaced, which has been subjected to misuse, abnormal
service or handling, or which has been altered or modified in design or construction.
7. Delivery
(a) You acknowledge that the Purchase Services offered by Aside R&D PTY LTD integrate
delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘
Delivery Service Providers’).
(b) In providing the Purchase Services, Aside R&D PTY LTD may provide you with a variety of
delivery and insurance options offered as part of the Delivery Services by the Delivery
Service Providers. You acknowledge and agree that Aside R&D PTY LTD is not the
provider of these delivery and insurance options and merely facilitates your interaction with
the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, Aside
R&D PTY LTD asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on any
insurance options available; and
(ii) contact us by sending an email to grippiegrippie@gmail.com outlining in what way
the Products were damaged in transit so we are able to determine if the Delivery
Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Aside R&D PTY LTD
are subject to copyright. The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the site content and compilation of the website (including text,
graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are
owned or controlled for these purposes, and are reserved by Aside R&D PTY LTD or its
contributors.
(b) Aside R&D PTY LTD retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of Aside R&D PTY LTD; or
(b) the right to use or exploit a business name, trading name, domain name, trade
mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Aside R&D PTY LTD and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Content or third party content for any purpose. This prohibition does not extend to
materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
(a) Aside R&D PTY LTD takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to Aside R&D PTY
LTD’s Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that Aside R&D PTY LTD does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other than
provided for pursuant to these Terms.
(b) Aside R&D PTY LTD will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may differ from
what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
(ii) Aside R&D PTY LTD will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable resulting from
our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Purchase Services or
these Terms (including as a result of not being able to use the Purchase Services
or the late supply of the Purchase Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Aside R&D PTY
LTD (including the Delivery Services), is at your own risk. Everything on the Website, the
Purchase Services, and the Products of Aside R&D PTY LTD, are provided to you on an
“as is” and “as available” basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party content providers
or licensors of Aside R&D PTY LTDincluding any third party where the Delivery Services
are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase
Services of Aside R&D PTY LTD) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party
material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any
of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s
convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) Aside R&D PTY LTD’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the Purchase
Price, then the total liability of Aside R&D PTY LTD is the resupply of information or
Purchase Services to you.
(b) You expressly understand and agree that Aside R&D PTY LTD, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be liable to you
for any direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you, however caused and under any theory of liability. This shall include,
but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
(c) Aside R&D PTY LTD is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in connection
with the Purchase Services, whether posted or caused by users of the website of Aside
R&D PTY LTD, by third parties or by any of the Purchase Services offered by Aside R&D
PTY LTD.
(d) You acknowledge that Aside R&D PTY LTD does not provide the Delivery Services to you
and you agree that Aside R&D PTY LTD will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the Delivery Services.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Aside R&D PTY LTD
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Aside R&D PTY LTD at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Aside
R&D PTY LTD has made this option available to you.
(c) Your notice should be sent, in writing, to Aside R&D PTY LTD via the ‘Contact Us’ link on
our homepage.
(d) Aside R&D PTY LTD may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Aside R&D PTY LTD is required to do so by law;
(iii) the partner with whom Aside R&D PTY LTD offered the Purchase Services to you
has terminated its relationship with Aside R&D PTY LTD or ceased to offer the
Purchase Services to you;
(iv) Aside R&D PTY LTD is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the service;
or
(v) the provision of the Purchase Services to you by Aside R&D PTY LTD is, in the
opinion of Aside R&D PTY LTD, no longer commercially viable.
(e) Subject to local applicable laws, Aside R&D PTY LTD reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Purchase Services
without notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts Aside R&D PTY LTD’s name or reputation or violates the rights of those
of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Aside R&D PTY LTD have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall
continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
(a) You agree to indemnify Aside R&D PTY LTD, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or
in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these Terms;
and/or
(iii) any breach of the Terms.
14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
must:
(i) Within 90 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(ii) If for any reason whatsoever, 180 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Director of the Business
or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(iv) The mediation will be held in South Australia, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
evidence.
(e) Termination of Mediation:
If 12 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
15. Venue and Jurisdiction
(a) The Purchase Services offered by Aside R&D PTY LTD is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts
of South Australia, Australia.
16. Governing Law
(a) The Terms are governed by the laws of South Australia, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating to
the Terms and the rights created hereby shall be governed, interpreted and construed by,
under and pursuant to the laws of South Australia Australia, without reference to conflict of
law principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
18. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.