Terms of service

TERMS & CONDITIONS

 

These Terms apply where Terra Grills Pty Ltd (ACN 685 440 439, ABN 89 685 440 439) (Terra Grills, we, us, our) supplies Goods to a Customer.

1. Definitions

 

In these Terms:

 

(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts.

 

(b) Customer means the person, entity, firm or corporation that acquires Goods from Terra Grills pursuant to these Terms, the details of which are set out in the relevant sales document or online order and includes the Customer’s permitted assigns, successors, employees, servants and agents.

 

(c) Terra Grills Warehouse means Terra Grills’ warehouse at 4/7 McPhail Rd, Coomera QLD 4209 or any other warehouse location notified by Terra Grills from time to time from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order.

 

(d) Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.

 

(e) Consumer has the meaning given to it in section 3 of the Australian Consumer Law.

 

(f) Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law.

 

(g) Contract means the contract of purchase of Goods between the Customer and Terra Grills which comprises these Terms and all Orders for Goods placed by the Customer and accepted by Terra Grills.

 

(h) Collected Order has the meaning given in clause 3.1.

 

(i) Defective Goods means Goods that are defective in design, performance or workmanship.

 

(j) Delivered Order has the meaning given in clause 3.1.

 

(k) Dispatch Date has the meaning given in clause 3.2(a).

 

(l) Gift Card has the meaning given in clause 12.

 

(m) Goods means goods supplied by Terra Grills to the Customer, including but not limited to Portico units and associated accessories.

 

(n) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

(o) Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer’s fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise.

 

(p) Non-Excludable Rights means any statutory rights conferred on the Customer which Terra Grills is not capable of excluding, restricting or modifying, including Consumer Guarantees conferred on the Customer under the Australian Consumer Law.

 

(q) Order has the meaning given in clause 3.1.

 

(r) Price has the meaning given in clause 5(a).

 

(s) Ready Date has the meaning given in clause 3.2(a).

 

(t) Serviceable Area means the specified locations to which Terra Grills ordinarily offers delivery for Goods.

 

(u) Store Credit has the meaning given in clause 13.

 

(v) Terms means these sale terms and conditions.

 

(w) Website means www.terra-grills.com.

 

2. Agreement

 

2.1

Subject to any Non-Excludable Rights, Terra Grills and the Customer acknowledge and agree that these Terms take precedence over all other conditions of supply, and apply to the exclusion of all other documents, prior discussions, representations, understandings and arrangements (written or oral, express or implied) whether or not endorsed or delivered with or referred to in any Order or other documents delivered by the Customer to Terra Grills.

 

2.2

The Customer accepts these Terms, as amended from time to time in accordance with clause 2.5, by placing an Order for Goods, by performing an act that is done with the intention of adopting or accepting these Terms (including continuing to order Goods after receiving notification of an update by Terra Grills), or by oral acceptance. Once these Terms are accepted, a Contract is formed between the Customer and Terra Grills.

 

2.3

Once these Terms are accepted by the Customer, the Customer is bound by all of its obligations under the Contract even where it acquires the Goods under the Contract for the purpose of resupplying them to another person or using them in connection with the supply of goods or services.

 

2.4

If the Customer expressly enters into these Terms on behalf of another entity in the relevant sales document or online order, the Customer warrants and represents that it has the authority of that entity to bind that entity to these Terms.

 

2.5

Terra Grills may update these Terms from time to time and the altered terms shall apply to Orders placed by the Customer after such notification and will supersede all previous terms and conditions imposed by Terra Grills regarding such Orders. It is the Customer’s responsibility to check the applicable terms on the Website before placing an Order.

 

3. Order and delivery

 

3.1 Orders

 

(a) The Customer may place an order for Goods with Terra Grills in any of the following ways:

 

(i) via the Website; or

(ii) via any other remote method expressly offered by Terra Grills from time to time (for example email or phone order confirmed in writing),

 

for delivery by Terra Grills to the Customer within Terra Grills’ Serviceable Area (Delivered Order), or for collection by the Customer or its Carrier from the Terra Grills Warehouse (Collected Order).

 

Each is an Order.

 

(b) Each Order placed by the Customer constitutes an offer by the Customer to acquire the Goods from Terra Grills on and subject to these Terms and will form part of the Contract if accepted by Terra Grills.

 

(c) Terra Grills reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting a Delivered Order where the required delivery location is outside Terra Grills’ Serviceable Area.

 

(d) While Terra Grills endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.

 

(e) It is the Customer’s responsibility to ensure that the Customer’s information included in the Order (including the Customer’s name, contact number, delivery address and email address) is correct and to notify Terra Grills of any changes to such information.

 

(f) Where the Customer’s Order is comprised of multiple items, Terra Grills may deliver the Goods under that Order by separate instalments. Each separate instalment must be delivered or collected in accordance with this clause 3, and paid for in accordance with clause 5.

3.2 Delivery and collection

 

(a) Terra Grills will contact the Customer when the Goods are ready for collection or delivery (Ready Date) to book in a date for collection or delivery (Dispatch Date). Terra Grills reserves the right to nominate the Dispatch Date, but will use reasonable endeavours to accommodate any preferred date that the Customer communicates to Terra Grills.

 

(b) The Customer acknowledges and agrees that the Ready Date and/or Dispatch Date may be earlier than, or later than, any estimated delivery date provided to the Customer at the time of placing an Order, and the Customer will be bound by its obligations under this Contract despite any such difference between the estimated delivery date and the Ready Date and/or Dispatch Date.

 

(c) Terra Grills will use commercially reasonable efforts to:

 

(i) deliver the Goods for which it has accepted a Delivered Order; or

(ii) make the Goods for which it has accepted a Collected Order available for collection,

 

by the Dispatch Date.

 

(d) The failure of Terra Grills to deliver or arrange for collection of the Goods by the Dispatch Date does not entitle either party to treat an Order or the Contract as repudiated.

3.3 Delivered Orders

 

For Delivered Orders accepted by Terra Grills:

 

(a) Terra Grills will advise the Customer of the delivery date and an estimated delivery window.

 

(b) The Customer must:

 

(i) ensure that the correct delivery address is provided in the Order;

(ii) inform Terra Grills of any issues, difficulties or specific requirements associated with the delivery of Goods at the time of purchase, or as they arise;

(iii) ensure that the Goods ordered are capable of effective and safe delivery, including that the Goods will fit through access areas such as doorways, gates and stairs; and

(iv) ensure safe access for the delivery of Goods, including by ensuring that the delivery location does not require Terra Grills’ delivery personnel to navigate hazardous terrain or active construction sites, or deliver Goods via fire stairs, inclinators or balcony lifts.

 

(c) Terra Grills may accept or reject any request from the Customer to update the delivery address, and will notify the Customer of any updated delivery fee if such request is accepted.

 

(d) The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays and road closures) may impact Terra Grills’ ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.

 

(e) Delivery will only be made to a person at the delivery address. Any person who accepts delivery of the Goods at the delivery address must be 18 years or over and able to accept delivery.

 

(f) Subject to any Non-Excludable Rights, if Terra Grills is unable to deliver the Goods because of the Customer’s failure to comply with this clause 3.3 (including where no one is present to accept delivery, or access is unsafe or not as described):

 

(i) where possible, Terra Grills may leave the Goods at the Customer’s premises (Drop Off) and:

• the Customer releases Terra Grills from any liability arising from the Drop Off; and
• the Customer will not be entitled to any refund or exchange in relation to the Goods arising from the Drop Off; or

 

(ii) if a Drop Off is not possible, the Goods may be returned to the Terra Grills Warehouse and the Customer may be charged for the pre-arranged delivery costs (if not already paid prior to delivery), the cost of redelivery and a reasonable administration fee.

 

(g) The Customer may only order Goods for delivery where the required delivery location is within Terra Grills’ Serviceable Area. Terra Grills may from time to time, at its sole discretion, accept orders requiring delivery to locations outside its Serviceable Area, but this does not extend or change the definition of Serviceable Area.

3.4 Collected Orders (warehouse collection)

 

(a) The Customer must collect the Goods the subject of a Collected Order on the Dispatch Date or as otherwise agreed with Terra Grills.

 

(b) In placing a Collected Order, the Customer acknowledges and agrees that:

 

(i) it is the Customer’s responsibility to attend the Terra Grills Warehouse and to load the Goods into its vehicle, secure the Goods and provide all necessary labour and materials required for such purpose;

(ii) aside from placing the Goods in the loading area or near the Customer’s vehicle, Terra Grills is under no obligation to assist the Customer to load or secure the Goods;

(iii) the Customer may be required to sign a proof of pick-up document at the collection point and may permit Terra Grills to take photos of the Goods at handover; and

(iv) the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Terra Grills at that time.

3.5 Collection by Carrier

 

(a) Where the Customer has arranged for a Carrier to collect the Goods from the Terra Grills Warehouse, the Customer:

 

(i) must arrange for the Carrier to collect the Goods on the Dispatch Date (or as otherwise agreed); and

(ii) acknowledges and agrees that:

• it is the Customer’s responsibility to pay all associated charges and insurances directly to the Carrier;
• the Customer must coordinate the collection of Goods with Terra Grills in advance of the collection date;
• it is the Carrier’s responsibility to load the Goods into its vehicle, secure the Goods at the Terra Grills Warehouse and to provide all labour and materials required for such purpose;
• aside from placing the Goods in the loading area or near the Carrier’s vehicle, Terra Grills is under no obligation to assist the Carrier to load or secure the Goods;
• the Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to Terra Grills on pickup; and
• the Carrier, on behalf of the Customer, will have had the opportunity to inspect the Goods upon collection and raise any obvious defects with Terra Grills at that time.

3.6 Changes to Dispatch Date

 

(a) The Customer may not change or cancel the Dispatch Date without Terra Grills’ prior consent.

 

(b) If Terra Grills consents to a change or cancellation of the Dispatch Date close to the scheduled date, additional fees and/or redelivery or storage costs may apply.

3.7 Failure to accept delivery or collection

 

(a) If the Customer does not collect or accept delivery of the Goods within 21 days from the Ready Date, and provided that Terra Grills has attempted to contact the Customer using the Customer’s nominated contact details to arrange collection or delivery:

 

(i) where the Goods are stocked (non-customised) items, the Goods may be reallocated to another customer or returned to Terra Grills’ stock, and the Customer must contact Terra Grills to arrange a time for collection or re-delivery (which may create delays where additional stock must be ordered); and

 

(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer’s preferences, storage fees may be payable by the Customer until collection or delivery is arranged.

 

(b) If the Customer has not collected or accepted delivery of the Goods within 3 months after the Ready Date (Relevant Period) Terra Grills may sell or dispose of the Customer’s Goods in any manner that Terra Grills deems appropriate, provided that Terra Grills:

 

(i) has first attempted to contact the Customer using the Customer’s nominated contact details during the Relevant Period to arrange collection or delivery; and

(ii) has not itself caused the Customer to be unable to collect or accept delivery of the purchased Goods.

 

(c) If Terra Grills returns the Goods to stock or otherwise sells the Goods under this clause, Terra Grills may issue Store Credit to the Customer for amounts paid, less any applicable storage and/or restocking fees.

3.8 Terra Grills’ liability in relation to delivery

 

Subject to any Non-Excludable Rights:

 

(a) If Terra Grills is unable to fulfil a Customer’s Order or deliver the Goods to the Customer by the estimated delivery date or the Dispatch Date or at all (in the case of a Delivered Order), the Customer will be notified and may (at its discretion) cancel the Order and receive a refund of the Price of the Goods, Store Credit, or a Gift Card for the value of the Goods.

 

(b) In all other cases, Terra Grills will not be liable for any Loss incurred by the Customer where Goods (or any of them) are not made available for collection or delivered by the estimated delivery date, the Dispatch Date or at all.

 

4. Title and risk

 

4.1

Risk in the Goods passes to the Customer when the Goods are loaded at the Terra Grills Warehouse for delivery to, or collection by, the Customer (or the Carrier, where applicable).

 

4.2

Title to the Goods passes to the Customer on payment in full of the Price for the Goods, and all other amounts payable by the Customer to Terra Grills on any account whatsoever.

5. Pricing and payment

 

(a) The price for the Goods will be as set out on the Website or otherwise quoted by Terra Grills to the Customer (Price).

 

(b) All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.

 

(c) The prices listed on the Website are subject to change from time to time without notice. It is the Customer’s responsibility to check prices on the Website prior to placing an Order.

 

(d) The Price for Goods ordered is fixed from the time that the Customer’s Order is accepted by Terra Grills. Any subsequent price fluctuations will not be retroactively applied to confirmed Orders.

 

(e) Unless otherwise agreed in writing, the Customer must pay the Price in full at the time of placing the Order.

 

(f) Terra Grills may withhold collection or delivery of the Goods until the Customer has paid the Price in full.

 

(g) If the Customer fails to pay any amount by the due date and does not rectify this failure within a reasonable time after receiving notice from Terra Grills, Terra Grills may cancel the Order and, subject to any Non-Excludable Rights, retain any deposit or part payment as compensation for its reasonable costs and losses.

 

6. Cancellation

 

Subject to any Non-Excludable Rights:

 

6.1

Terra Grills may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage, manufacturing issue, safety issue or other circumstances beyond its reasonable control. In that case, Terra Grills will refund any amounts paid for the affected Goods.

 

6.2

The Customer may not cancel an Order after it has been accepted without Terra Grills’ consent, which consent will only be granted in limited circumstances at its discretion.

 

6.3

Terra Grills will not under any circumstances consent to an Order cancellation or provide any refund or exchange in respect of:

 

(a) Goods that are clearance, ex-display or discontinued products; or

(b) Goods that are customised to the Customer’s preference or are otherwise non-stock or bespoke products,

 

except as required by the Australian Consumer Law or these Terms.

 

6.4

If Terra Grills consents to an Order cancellation for stocked (non-customised) Goods, the Customer may receive Store Credit for amounts paid towards those Goods, less a reasonable restocking fee to cover Terra Grills’ administrative and handling costs and any costs already incurred in relation to the Order.

 

7. Returns and refunds

 

Subject to any Non-Excludable Rights that may apply to the Customer:

• Returns and refunds for Defective Goods are dealt with under clause 8; and
• No refund or exchange will be provided for change of mind or error in ordering the Goods, except to the extent permitted in clause 6 or as expressly set out in any returns policy published on the Website.

 

8. Defects

 

8.1 Subject to Australian Consumer Law

 

(a) The Australian Consumer Law provides Consumers with a number of Non-Excludable Rights. This clause 8 is therefore to be read as subject to such Non-Excludable Rights, and will not apply to the extent that it excludes, restricts or modifies those Non-Excludable Rights or is otherwise contrary to law.

 

(b) The following mandatory text applies to Consumers:

 

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

8.2 Defective Goods

 

(a) The Customer must, as soon as possible after collection or delivery of the Goods (as applicable), check whether the Goods are Defective Goods. If a defect is identified, the Customer must immediately stop using the Goods.

 

(b) Terra Grills will not be liable for any Defective Goods unless the Customer notifies Terra Grills with full details and a description within the period from delivery or collection within which it would be reasonable to expect the relevant defect to be identified or become apparent (Defect Notice), otherwise the Customer is deemed to have accepted the Goods.

 

8.3 Process for making a defect claim

 

(a) All Defect Notices are to be given to Terra Grills by email at info@terra-grills.com.

 

(b) Terra Grills will, upon receipt of a Defect Notice, contact the Customer to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Customer how Terra Grills will remedy the relevant defect. Terra Grills may request further information or assistance from the Customer, including arranging for a virtual and/or physical inspection of the Goods, and the Customer must promptly comply with all such requests.

 

(c) If Terra Grills requires the return of the Goods for the purposes of assessing a Defect Notice or providing a remedy under this clause, Terra Grills will bear the reasonable delivery costs of any such return, provided however that if Terra Grills subsequently determines (acting reasonably) that the Goods are not Defective Goods, the cost of return (and any re-delivery to the Customer) may be charged to the Customer.

 

8.4 Remedy for Defective Goods

 

If Terra Grills determines, acting reasonably, that the Goods are Defective Goods, Terra Grills will, at its option and subject to any Non-Excludable Rights, provide the Customer with one of the following remedies:

 

(a) a repair of the Goods;

(b) a refund of the cost of the Goods; or

(c) a replacement of the Goods with goods that are at least equivalent to the original Goods in function and quality.

 

When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replaced item becomes the property of Terra Grills.

 

9. Material variation

 

9.1

Terra Grills’ Goods may include components made from materials that can vary (for example, different metal batches, coatings or finishes). As a result, colour, shade, tone, markings, texture and finish may vary between samples, images on the Website and the Goods supplied.

 

9.2

Subject to clauses 8 and 15 and any Non-Excludable Rights, Terra Grills accepts no liability where the Goods supplied differ from samples or images due to inherent characteristics of the materials or manufacturing processes used.

 

10. Clearance and ex-display stock

 

Subject to clause 8 and any Non-Excludable Rights, all Goods that are described as clearance, ex-display or discontinued are sold “as is” and the Customer will not be permitted to return such Goods or entitled to receive any refund or exchange for change of mind or an error in ordering.

 

11. Goods and Services Tax (GST)

 

11.1

Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in that Act.

 

11.2

Unless otherwise stated, any amount specified in the Contract as the consideration payable for any taxable supply includes any GST payable in respect of that supply.

 

11.3

Each party agrees, upon request, to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Contract.

 

11.4

If an adjustment event arises in relation to a taxable supply made by a party under this Contract (supplier), the amount paid or payable by the party to whom the taxable supply is made (recipient) will be amended to reflect this and a payment will be made by the recipient to the supplier or by the supplier to the recipient, as the case may be.

 

12. Gift Cards

 

12.1

These terms apply where a Customer purchases or makes payment using a Terra Grills Gift Card.

 

12.2 Purchase and activation

(a) Gift Cards may be made available for purchase via the Website or directly from Terra Grills.

(b) A Customer purchasing a Gift Card must nominate the amount to be loaded (subject to any minimum specified) and pay that amount using an accepted payment method.

(c) Terra Grills may collect personal information about the purchaser or recipient to administer the Gift Card. Please refer to our Privacy Policy for details.

(d) Gift Cards will be activated in accordance with Terra Grills’ processes after payment is received.

 

12.3 Use

(a) A Gift Card may be redeemed when purchasing Goods from Terra Grills via channels specified by Terra Grills (for example, via the Website).

(b) If a Customer’s Gift Card exceeds the total amount of the Order, the remaining balance will be retained on the Gift Card.

(c) If a Customer’s Order exceeds the value of the Gift Card, the Customer must pay the remaining balance of the Order by another accepted payment method.

(d) Gift Cards cannot be redeemed for cash, except where required by law.

 

12.4 Expiry and cancellation

(a) Unless otherwise indicated, Gift Cards are valid for thirty-six (36) months after their date of issue.

(b) Any balance remaining on a Gift Card after its expiry will be forfeited and will automatically become the property of Terra Grills.

(c) Gift Cards cannot be reloaded with additional credit unless Terra Grills permits this.

(d) Terra Grills is not responsible for lost, stolen or damaged Gift Cards or for unauthorised use.

13. Store Credit

 

13.1

These terms apply where Terra Grills issues a Customer with Store Credit.

 

13.2 Use

(a) Store Credit may be used to purchase Goods from Terra Grills via channels specified by Terra Grills, including via the Website (where functionality is available).

(b) If a Customer’s Store Credit exceeds the total amount of the Order, the remaining balance will be retained.

(c) If a Customer’s Order exceeds the value of the Store Credit, the Customer must pay the remaining balance of the Order by another accepted payment method.

(d) Store Credit cannot be redeemed for cash, except where required by law.

 

13.3 Expiry

(a) Store Credit is valid for thirty-six (36) months after the date it is issued, unless otherwise specified.

(b) Any balance remaining after expiry will be forfeited and will automatically become the property of Terra Grills.

14. Warranties (in addition to ACL)

 

14.1 Mandatory ACL wording

 

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

14.2 Additional Terra Grills warranties

 

5-year structural warranty on the Portico frame and 5-year warranty on stainless steel accessories.

 

Subject to any Non-Excludable Rights, Terra Grills may provide additional limited warranties for certain Goods (for example, structural warranties or material warranties). Any such warranties, including their duration, scope and exclusions, will be set out in a separate written warranty document provided with the Goods and/or published on the Website.

15. Claims and limitation of liability

 

15.1

The Australian Consumer Law provides Consumers with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these Terms are therefore subject to, and will not apply to the extent that they limit or exclude such Consumer Guarantees.

 

15.2

Except only for those rights and remedies that the Customer has in respect of the Goods under the Australian Consumer Law which cannot be lawfully excluded, restricted or modified:

 

(a) Terra Grills excludes any liability for Consequential Loss;

(b) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Goods; and

(c) Terra Grills is not liable to the Customer for any Loss which the Customer suffers, incurs or is liable for in connection with supply of the Goods under the Contract except in accordance with this clause 15.

16. Force Majeure

 

16.1

In this clause 16, Force Majeure means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a government order or restraint, pandemic or epidemic, a shortage or unavailability of raw materials, production capacity or transportation, and any other event not within the reasonable control of Terra Grills.

 

16.2

Where Force Majeure prevents or delays Terra Grills from performing any obligation under the Contract, the requirement to perform that obligation is suspended as long as the Force Majeure continues.

17. Your obligations when using the Terra Grills Website

 

17.1 Trade Marks and Copyright

 

(a) “Terra Grills” is the trading name of Terra Grills Pty Ltd (ACN 685 440 439). All references to Terra Grills include a reference to its related entities, authorised licensees and agents.

 

(b) “Terra Grills Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Terra Grills.

 

(c) Under Australian and international law, the material on our Website, including all pages, graphics and services, is subject to copyright. You must not:

 

(i) unlawfully use any of our copyright material;

(ii) pass off content from our Website as your own, including by “framing” our Website within another site or copying and re-using parts of the site; or

(iii) use the Terra Grills Trade Marks without our prior written consent.

 

17.2 Unacceptable content

 

You must not post, upload or transmit any material on or via the Website that:

 

(a) violates any laws or is false or misleading;

(b) is threatening, abusive, defamatory, obscene or indecent;

(c) infringes any third-party rights including copyright, trade marks or other intellectual property rights;

(d) distributes viruses or any other technologies that may harm the Website or the interests or property of Terra Grills users;

(e) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Website;

(f) copies, modifies, or distributes any other person’s content without their consent;

(g) uses any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;

(h) harvests or otherwise collects information about others, including email addresses, without their consent; or

(i) bypasses measures used to prevent or restrict access to the Website.

 

17.3 User-generated content, comments & licence

 

If you upload or post content to the Website or tag Terra Grills in content on third-party platforms:

 

(a) you warrant that you own or have all necessary rights to use and share that content;

(b) you grant Terra Grills a non-exclusive, royalty-free, worldwide, transferable licence to use, reproduce, modify and communicate that content for marketing, promotional and Website-related purposes; and

(c) you indemnify Terra Grills against any Loss arising out of or in connection with any breach of the above warranties.

 

Terra Grills may, in its discretion, remove or modify any content that it considers inappropriate, unlawful, misleading or in breach of these Terms.

 

17.4 Disclaimers

 

You acknowledge and agree that:

 

(a) you use the Website at your own risk;

(b) Terra Grills does not warrant that your use of the Website will be uninterrupted, timely, secure or error-free;

(c) Terra Grills does not warrant the accuracy of any information obtained via the Website; and

(d) subject to any Non-Excludable Rights, Terra Grills excludes all warranties and conditions of any kind, whether express or implied, to the fullest extent permitted by law.

18. Privacy

 

In order for you to receive the full benefit of our Goods and services, we may need to collect and use your personal information. Our policy regarding the collection, handling and use of personal information is set out in our Privacy Policy, which you accept by using the Website.

 

Privacy Contact:

 

Terra Grills Pty Ltd

4/7 McPhail Rd

Coomera QLD 4209

Email: info@terra-grills.com

19. General

 

19.1

The Contract is governed by and construed in accordance with the laws of the State of Queensland, Australia. Terra Grills and the Customer submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.

 

19.2

In these Terms, the words “include”, “including”, “for example”, “such as” or any form of those words or similar expressions do not limit what else is included and must be construed as if followed by the words “without limitation”, unless there is express wording to the contrary.

 

19.3

If a provision in these Terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms.

 

19.4

The Customer and Terra Grills are not, and are not taken to be, in a partnership, joint venture, employment or fiduciary relationship. Nothing in this Contract gives a party authority to bind the other party in any way.

20. Enquiries

 

For all enquiries related to your Order, including delivery, warranty or product support matters, please contact:

 

Terra Grills Customer Support

Email: info@terra-grills.com

Address: 4/7 McPhail Rd, Coomera QLD 4209