Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms, please do not use this site.
Harassment in any manner or form on the site, including via email, chat, or by obscene or abusive language is strictly forbidden. Impersonation of others, including a RJ Pearce or other employee, host or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian, United States and other copyright laws, and is the property of RJ Pearce and Bez Ambar inc. The collective work includes works that are licensed to RJ Pearce copyright 2018 and Bez Ambar inc. Copyright 2003, Bez Ambar inc All RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RJ Pearce or purchasing RJ Pearce products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RJ Pearce or to purchase RJ Pearce or Bez Ambar inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by RJ Pearce. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of RJ Pearce and Bez Ambar inc used in the site are trademarks or registered trademarks of RJ Pearce and Bez Ambar inc.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RJ Pearce and Bez Ambar inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RJ Pearce does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RJ Pearce does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitations of Liability
RJ Pearce shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if RJ Pearce has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a RJ Pearce product is mistakenly listed as an incorrect price, RJ Pearce reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RJ Pearce reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled RJ Pearce shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, maybe terminated by RJ Pearce without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
RJ Pearce may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to RJ Pearce.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Western Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over the venue in any legal proceeding indirectly or indirectly arising out of or relating to this site (including but not limited to the purchase of RJ Pearce and Bez Ambar inc products) shall be in the state of federal courts located in Western Australia. Any cause of action or claim you may have with the respect to the site (including but not limited to the purchase of RJ Pearce products) must be commenced within one (1) year after the claim or cause of action arises. RJ Pearce’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision of right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RJ Pearce may assign its rights and duties under this Agreement to any part at any time without any notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by obscene or abusive language is strictly forbidden. Impersonation of others, including a RJ Pearce or other employee, host or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Participation Disclaimer
RJ Pearce does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RJ Pearce is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However RJ Pearce reserves the right to block or remove communications or materials that It determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation in copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RJ Pearce in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless RJ Pearce its directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable lawyers fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, RJ Pearce may link to sites operated by third parties. However, even if the third party is affiliated with RJ Pearce, RJ Pearce has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RJ Pearce. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, RJ Pearce seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).