User Agreement

Introduction

Welcome to the HRT Online Merchandise Shop, this site is provided by The Promotions Factory Pty Ltd ACN 060 603 189 ("TPF"). Please review the following basic rules that govern your use of our site (the "User Agreement"). Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the terms. HRT Online Merchandise Shop reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of HRT Online Merchandise Shop following any such change constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this web site. If you don't agree to these Terms and Conditions, please do not use this website.

Copyrights and Trademarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this site (collectively, the "contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HRT Online Merchandise Shop, one of its affiliates or by third parties who have licensed their materials to HRT Online Merchandise Shop and are protected by Australian and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of HRT Online Merchandise Shop and is also protected by Australian and International copyright laws. HRT Online Merchandise Shop and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this web site. Access to this web site does not confer and shall not be considered as conferring upon anyone any license under any of HRT Online Merchandise Shop or any third party's intellectual property rights. HRT Online Merchandise Shop names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HRT Online Merchandise Shop. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner. References on this web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply HRT Online Merchandise Shop's endorsement, sponsorship or recommendation of the third party, information, product or service. The HRT Online Merchandise Shop is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

USE OF THIS WEBSITE

This site and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the site or any related software. All software used on this site is the property HRT Online Merchandise Shop or its suppliers and protected by Australian and International copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the site, including, without limitation,

Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
Sending unsolicited email, including promotions and/or advertising of products or services; or
Forging any tcp/ip packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HRT Online Merchandise Shop will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from HRT Online Merchandise Shop on this site and other than generally available third party web browsers (e.g. Google Chrome, Netscape navigator, Microsoft Explorer).

THIRD PARTY WEBSITES

This website may contain links to third party websites. TPF is not responsible for the condition or content of those websites as they are not under TPF's control. You access those websites and/or use their products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by TPF of those websites or the products or services provided on those website. You must not link any third party website to this website without TPF's prior written consent.

DAMAGE TO COMPUTER OR OTHER DEVICE

We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however cannot guarantee that use of this website will not cause damage to your computer or other devises. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

PASSWORD AND ACCOUNT SECURITY

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.

TPF will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

ACCESS

We reserve the right to immediately suspend, terminate or limit your access to this website for any reason in our absolute discretion.

We will not accept responsibility if your access to this website is unavailable for any reason.

COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive.

We may use cookies to provide website usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

PRICING OR TYPOGRAPHICAL ERRORS

While HRT Online Merchandise Shop strives to provide accurate product and pricing information, pricing or typographical errors may occur. HRT Online Merchandise Shop cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, HRT Online Merchandise Shop shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, HRT Online Merchandise Shop may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

QUANTITY LIMITS & DEALER SALES

The HRT Online Merchandise Shop reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same HRT Online Merchandise Shop account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. HRT Online Merchandise Shop also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at hsvshop@tpf.com.au;

GENERAL

This agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full force and effect. The failure HRT Online Merchandise Shop to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit HRT Online Merchandise Shop rights with respect to such breach or any subsequent breaches. This agreement shall be governed by and construed under Victorian law as such law applies to agreements between Victoria residents entered into and to be performed within Victoria. Any action or proceeding arising out of or related to this agreement or your use of this site must be brought in the state or federal courts of Victoria.

USER REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to HRT Online Merchandise Shop on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "comments") shall be and remain HRT Online Merchandise Shop property. Such disclosure, submission or offer of any comments shall constitute an assignment to HRT Online Merchandise Shop of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, HRT Online Merchandise Shop will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. HRT Online Merchandise Shop will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. HRT Online Merchandise Shop is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to user any compensation for any comments; or (3) to respond to any user comments. You agree that any comments submitted by you to the site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no comments submitted by you to the site will be or contain libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". HRT Online Merchandise Shop does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the site. You grant HRT Online Merchandise Shop the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify HRT Online Merchandise Shop and its affiliates for all claims resulting from any comments you submit. HRT Online Merchandise Shop and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

INDEMNIFICATION

You agree to defend, indemnify and hold HRT Online Merchandise Shop harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

TERMINATION

These terms are effective unless and until terminated by either you or HRT Online Merchandise Shop. You may terminate this agreement at any time, provided that you discontinue any further use of this site. HRT Online Merchandise Shop also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in HRT Online Merchandise Shop sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of the agreement by either you or HRT Online Merchandise Shop, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or HRT Online Merchandise Shop. You may terminate this agreement at any time, provided that you discontinue any further use of this site. HRT Online Merchandise Shop also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in HRT Online Merchandise Shop sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of the agreement by either you or HRT Online Merchandise Shop, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

DISCLAIMER

This site is provided by HRT Online Merchandise Shop on an "as is" and "as available" basis. HRT Online Merchandise Shop makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, HRT Online Merchandise Shop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, HRT Online Merchandise Shop disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the HRT Online Merchandise Shop web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

LIMITATION OF LIABILITY

Limitation of liability under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall tpf or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the HRT Online Merchandise Shop web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of HRT Online Merchandise Shop has been advised of or should have known of the possibility of such damages. In no event will HRT Online Merchandise Shop be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose.