1. About the Website
1.1. Welcome to www.spidertarp.com (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’).
1.2. The Website is operated by Spider Tarp Pty Ltd (ABN 78 161 962 483). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Spider Tarp. 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 the Purchase Services, immediately.
1.3. Spider Tarp reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
2.1. You agree to be bound by, and comply with, these Terms by:
a) remaining on the Website;
b) clicking to accept or agree to the Terms where this option is made available to you by Spider Tarp in the user interface;
c) completing your registration through the Website; or
d) obtaining or ordering Products from Spider Tarp using the Website.
2.2. You may not use the Purchase Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Spider Tarp; or
b) 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.
3. Registration to use the Purchase Services
3.2. You warrant that any information you give to Spider Tarp in the course of completing the registration or using the Purchase Services will always be accurate, correct and up to date.
4. Your Obligations
4.1. You agree to comply with the following:
a) the Terms;
b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c) you have the sole responsibility for protecting the confidentiality of your password and/or email address:
d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Spider Tarp of any unauthorised use of your password or email address or any breach of security of which you have become aware;
e) 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 Spider Tarp providing the Purchase Services;
f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of other Website users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
g) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products
5.1. In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
5.2. All prices shown on the Website are in Australian Dollars (AUD).
5.3. Payment of the Purchase Price will be made through the following third party provider:
a) SecurePay (the ‘Payment Gateway Provider’).
6. Warranty and Returns Policy
6.1. Spider Tarp’s Products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. 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’).
6.2. Warranty claims are subject to Spider Tarp’s Return Policy which is available on the Website.
7.1. You acknowledge that the Purchase Services offered by Spider Tarp integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
7.2. In providing the Purchase Services, Spider Tarp 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 Spider Tarp is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. Products will not be delivered to an unattended address unless specifically requested by you. If you require the parcel to be left at an unattended address, Spider Tarp will not be responsible where the Delivery Service Provider claims the Product has been delivered but has not been received by you. In all other cases the Delivery Service Provider requires a signature from an occupant at the specified delivery address. If no one is available to sign for the Product a card will be left and the Product re-directed to the nearest Delivery Service Provider depot. You will then be responsible for collecting the Product from that depot or paying an additional charge for re-delivery.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related Products of Spider Tarp 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 Spider Tarp or its contributors.
8.2. Spider Tarp 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 Spider Tarp; 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).
8.3. You may not, without the prior written permission of Spider Tarp 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 contact 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.
10. General Disclaimer
10.1. You acknowledge that Spider Tarp does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Spider Tarp 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.
10.3. 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.
10.4. Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Spider Tarp 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.
10.5. Use of the Website, the Purchase Services, and any of the products of Spider Tarp (including the Delivery Services), is at your own risk. Unless otherwise stated, everything on the Website, the Purchase Services, and the Products of Spider Tarp, 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 Spider Tarp (including 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 Spider Tarp) 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:
a) 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;
b) 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);
c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d) the Content or operation in respect to links which are provided for the User’s convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) 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
11.1. Spider Tarp’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 Spider Tarp is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Spider Tarp, 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.
11.3. Spider Tarp 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 Spider Tarp, by third parties or by any of the Purchase Services offered by Spider Tarp.
11.4. You acknowledge that Spider Tarp does not provide the Delivery Services to you and you agree that Spider Tarp 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
12.1. The Terms will continue to apply until terminated by either you or by Spider Tarp as set out below.
12.2. If you want to terminate the Terms, you may do so by:
a) notifying Spider Tarp at any time; and
b) closing your accounts for all of the Purchase Services which you use, where Spider Tarp has made this option available to you.
12.3. Your notice should be sent, in writing, to Spider Tarp via the ‘Contact Us’ link on our homepage.
12.4. Spider Tarp may at any time, terminate the Terms with you if:
a) You have breached any provision of the Terms or intend to breach any provision;
b) Spider Tarp is required to do so by law;
c) the partner with whom Spider Tarp offered the Purchase Services to you has terminated its relationship with Spider Tarp or ceased to offer the Purchase Services to you;
d) Spider Tarp 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
e) the provision of the Purchase Services to you by Spider Tarp is, in the opinion of Spider Tarp, no longer commercially viable.
12.5. Subject to local applicable laws, Spider Tarp reserves the right to 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 Spider Tarp’s name or reputation or violates the rights of those of another party.
12.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Spider Tarp 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. Governing Law
13.1. The Terms are governed by the laws of Queensland, 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 Queensland, 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.
14.1. 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.