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USER AGREEMENT AND DISCLAIMER

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of RHINO-RACK. If you do not agree to any term or condition, you should not use this site.

1. Copyright notice.

This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ©1992 - 2013 RHINO-RACK.

2. Trademarks Notice.

RHINO and all other RHINO-RACK names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. RHINO-RACK does not authorise the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

3. Restrictions on use.

No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason without prior specific authorisation from RHINO-RACK. RHINO-RACK reserves all rights not expressly granted herein.

4. Third Party Sites.

RHINO-RACK may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. RHINO-RACK does not operate or control in any respect any information, products or services available on these third party sites and RHINO-RACK is not responsible for their content. RHINO-RACK makes no representations whatsoever concerning the content of these sites and the fact that RHINO-RACK has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by RHINO-RACK with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.

5. Disclaimer.

There are certain risks in using any information, software, or products found on the Internet; and RHINO-RACK cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.

ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, RHINO-RACK DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH RHINO-RACK ASSUMES NO RESPONSIBILITY.

6. Limitation of Liability.

RHINO-RACK is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.

In no event shall RHINO-RACK be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the RHINO-RACK Web Site.

Notwithstanding the above, in no event shall RHINO-RACK's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to RHINO-RACK by you in connection with the transaction claimed by you to give rise to your claim.

7. Communications and Submissions.

All personal data transmitted to RHINO-RACK over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. Any communication or other materials which you submit to RHINO-RACK or this Web site (including, but not limited to, e-mail, product reviews or other postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-proprietary “Submissions.” All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.

You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, 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, 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 any content. RHINO-RACK hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.

By transmitting or posting any Submissions to RHINO-RACK or to this Web site you grant RHINO-RACK and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant RHINO-RACK and its affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorise the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.

You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify RHINO-RACK or its affiliates for all claims resulting from content you supply. You agree that neither RHINO-RACK nor its licensees will be liable to you for any use of any Submission. RHINO-RACK has the right but not the obligation to monitor and edit or remove any activity or content.

You acknowledge and agree that you are solely responsible for any Submissions you submit to RHINO-RACK or this Web site and further agree that you, not RHINO-RACK, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.


8. Warranty Information

Where you are deemed to be a ‘consumer’ as defined by any relevant law of Australia, certain conditions and warranties cannot be excluded, restricted or modified.  These are known as ‘statutory warranties’. Nothing herein shall or shall have the effect of excluding, restricting or modifying any term of the contract to the extent that such exclusion, restriction would render such term void.

Any term, to the extent permitted by Law including all implied warranties and conditions are excluded except as provided in these Terms and Conditions and any term which could be alleged to be a condition or term of the contract and which does not form part of this warranty or is implied by legislation is expressly excluded and is to be disregarded.

As a consumer, you have the benefit of both statutory warranties and any other warranties that are provided by Rhino-Rack upon the purchase of your product.  These Terms and Conditions provided by Rhino-Rack are known as ‘voluntary warranties’.

Conditions and Exclusions:
  1. This warranty extends to the original retail customer or recipient of the product (in the case of acquisition as a gift   or promotion) and it is not transferable.
  2. As the original retail customer or recipient, you must return the completed warranty registration card if provided with the product or register the product online, within 21 days of the date of purchase of the product.
  3. This warranty is effective from the date of purchase of the product, if other conditions described in these Terms and Conditions are met.
  4. Original proof of purchase of the product or the receipt will be required for any warranty claim to be considered.
  5. Rhino-Rack warrants your product against any manufacturing defect in materials or workmanship for as long as you own it subject to the following:
    1. Items that are capable of rust or other environmental degradation, including but not limited to powder-coated steel and zinc plated steel component products, carry a 3-year warranty calculated from the date of purchase of the product.
    2. Luggage boxes carry the warranty period as specified by the original manufacturer.
    3. Imported products that are stipulated by the exporter to carry a 3-year warranty will only carry a 3-year warranty.
    4. Any defect in materials or workmanship, which at the time of purchase of the product ought to have revealed to you by examination of the product.
    5. Rhino-Rack does not have any liability or responsibility under this warranty where, caused by conditions beyond Rhino-Rack’s control including, but not limited to any cost, loss, misuse, neglect, accidents, attachment of accessories not originating from Rhino-Rack, act of God, overloading beyond recommended capacity or other improper treatment of the product, including incorrect assembly or fitment by the purchaser, retailer or any other third party.
    6. This warranty only applies for manufacturing faults, and does not cover components, which by their nature may reasonably require periodic replacement due to normal wear, degradation or consumption.
    7. No warranty is given for defects or damage caused by modifications to the vehicle or the product or the users failure to properly secure cargo as recommended by Rhino-Rack.
    8. The warranty does not extend to consequential or incidental damage, including but not limited to damage to your vehicle, cargo or to any other person or property.
    9. It is your responsibility to maintain the product adequately, and any components subject to wear through use or expo- sure to the elements must be inspected periodically and        replaced with Rhino-Rack parts as required.
    10. No warranty is provided for failures caused by inadequate maintenance nor non-compliance to fitting instructions supplied by Rhino-Rack.  Rhino-Rack recommends that our products be removed from your vehicle for regular cleaning and when not in use for extended periods.
    11. For Product(s)/component(s) with a 3-year warranty, the warranty period shall remain effective from the time of original retail purchase – the validity date shall not be altered by subsequent supply of any replacement product under the Terms and conditions of this warranty. Remedies
  6. Subject to the limitations and exclusions below, Rhino-Rack will remedy defects in material and workmanship during the warranty period, by:
    1. Repairing or replacing (at Rhino-Rack’s option) the defective component (s) without charge for parts or labour to the original purchaser.
    2. The cost of returning the component(s)/product(s) and the proof of purchase back to the place where the product was purchased will be the responsibility of the purchaser.

For any specific questions about the RHINO-RACK warranty, please contact your nearest RHINO-RACK dealer or the dealer where the product was purchased.  Information about dealers can be found on www.rhinorack.com.au

9. Inquiries.

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to info@rhinorack.com.au.

10. Termination.

RHINO-RACK or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. RHINO-RACK may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

11. Integration.

This agreement constitutes the entire Agreement between you and RHINO-RACK and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorised signatory of RHINO-RACK.

12. Other.

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.

One or more patents may apply to this web site.