Terms of Service
TERMS OF SERVICE
Welcome to the Rail Trails Australia online store! If you visit or shop within this website, you accept these conditions. Please read them carefully before continuing. This website is operated by Rail Trails Australia (RTA). Throughout the site, the terms “we”, “us” and “our” refer to Rail Trails Australia. RTA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance
of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
ORDERING AND PAYMENT
Payment must be made upon completion of an order via credit card or PayPal only. RTA accepts Visa, MasterCard and PayPal. When checking out, You warrant that You are an authorised user of the credit card or PayPal account used to complete the payment.
All Purchase Orders placed through this Website are subject to confirmation and acceptance by RTA, who reserves the right to reject or refund any payment made by You, prior to dispatch. You will be emailed a confirmation of the receipt of your purchase. Though prices may be displayed as estimates in local currency, all transactions are settled in Australian Dollars (AUD). If ordering from outside Australia, your currency will be converted to Australian Dollars upon completion of the transaction and will be charged the conversion rate as determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.
This Website is protected by SSL (Secure Socket Layer) encryption which ensures that any data you enter in a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
RTA offers a secure payment service via eWAY, an industry leading card processing authority that exceeds the most stringent security standards. Through this payment gateway your credit card data will be stored only as long as it is necessary to complete your purchase transaction. After that is completed, your credit card information is deleted. For more information on eWAY, please visit the eWAY website. RTA also offers payment via PayPal. Through this service your payment details are never exposed to us and are securely encrypted on PayPal’s own servers. For more information on PayPal, please visit the PayPal website.
INTELLECTUAL PROPERTY & COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of RTA and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of RTA. Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. All rights not expressly
granted are reserved. You acknowledge that RTA is entitled to require you to remove any link from another website to this Website which you install without obtaining prior written consent. All RTA designs are copyright. RTA prohibits the use of its designs or images for any purpose without prior written permission.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We aim to keep all information on this website current and accurate. However, RTA does not warrant that prices, product descriptions or other content of this site is at all times accurate, complete, reliable, current, or error-free. Product prices may be subject to change and products are limited edition. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. If a product offered by RTA is not as described, you are entitled to a return in accordance with our Returns Policy.
Certain content via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the thirdparty.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Visitors to the website may post reviews, comments, questions, idea suggestions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights,or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”: You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
In posting any content or material via email or on the website you grant RTA a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify RTA for all claims resulting from content You supply.
RTA has the right, but not the obligation, to monitor and edit or remove any activity or content and takes no responsibility and assumes no liability for any content posted by you or any third party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY & INDEMNIFICATION
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. On occasion there may be down-time experienced, either scheduled or unscheduled. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We take every precaution to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
RTA reserves the right to terminate these Terms of Service at any time and shall not be liable to You for any cost, expense, or damages whatsoever for terminating these Terms of Service. If a Product has not been delivered to You prior to the termination of these Terms of Service, RTA will refund any payment You have made prior to termination. You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
By visiting the RTA website, you agree that the laws of the state of Victoria, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and RTA or its associates.
CHANGES TO OUR TERMS OF SERVICE
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ABN 94 479 743 813
Rail Trails Australia
P O Box 2127, Oak Park Vic 3046.