General terms & conditions
RUBIES AND RUST
15 Olinda-Monbulk Rd
Olinda. Victoria 3788
T: (03) 9751-1616
The following Terms constitute a binding agreement between you and Rubies and Rust and its subsidiaries (“Rubies and Rust,” “we,” “us”, "our"). “You” and “users” shall mean all visitors to the Services offered. In the instance that You access the Services You accept these Terms. If for any reason you do not accept these Terms, you must not access or use the Services provided. If you are under the age of 18 years, and access or use these Services, you represent and agree that you possess the legal consent of your parent or legal guardian to do so.
FUTURE REVISION TO TERMS
We reserve the right to revise these Terms at any time by posting an updated version. You are bound by these Terms. You recommend that you visit this page periodically to review the most current Terms. If You continue to use of the Services after a change to the Terms, it will represent that you are in acceptance of these Terms.
Please note that the terms “post” and “posting” when used within these Terms represents the act of submitting, uploading, publishing, displaying, or any similar action on the Services.
The “Services” refer to our website(s), mobile applications or any other online products and services provided and maintained by us. The Services include an online store owned and operated by Rubies and Rust that allows the purchase of consumer goods.
USE OF SERVICES | ELIGIBILITY
You as an agent of a Company, Entity, or Organisation:
If you use these Services on behalf of a company, entity, or organisation (collectively “organisation”), then you represent and warrant that you:
- are an authorised representative or agent of said organisation;
- are authorised to bind the organisation to these Terms; and
- agree to be bound by these Terms on behalf of the organisation you represent.
- You are responsible for your persona log-in information and keeping that information up to date.
- You are also responsible for any and all activity resulting from the use of your log-in credentials on the Services.
- You represent and warrant that the information you provide to Rubies and Rust upon registering with the Services, is and will be true, accurate, current, and complete when you use the Services.
PERSONAL ACCOUNT LOG-IN DETAILS
To enable purchases and enjoy a more tailored experience when using the Service, you may choose to create a personal account by creating your own profile with a username and password. Creating an account is not a requirement in order to use the Service and you are able make purchases without creating a personal account. Once you create your account, that account is personal to you. You may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs when you use the Services with your personal credentials. You hereby agree to make all efforts to prevent unauthorised access to the Services with use of your profile by preserving the confidentiality of your username and password.
If you have reason to believe that your personal account information has been in any way been compromised, or that your personal account has been accessed by any third party, you agree to notify Rubies and Rust immediately by e-mailing [email protected]
You will be solely responsible for any losses incurred by Rubies and Rust, and others due to all unauthorised use of your account.
Rubies and Rust reserves the right to communicate with you by email or by posting notice on the Services. You may request that Rubies and Rust provide notice of any security breaches in writing.
For customer service related purposes, You agree to receive email from Rubies and Rust at the email address you provide in your personal profile or within your order information provided.
OWNERSHIP OF CONTENT
Rubies and Rust owns or has rights to use all content we make available through the Services. You may use it solely for your personal use in connection with use of the Services. You cannot use our company logo or any content without our express written permission.
The contents of the Services include: logos, trademarks, designs, text, graphics, images, video, information, names, product and service names, button icons, software, audio files, computer code, domain names and other Rubies and Rust content (collectively, “Rubies and Rust content”). All Rubies and Rust Content and the compilation (meaning the collection, arrangement, and assembly) of all Rubies and Rust content are the property of Rubies and Rust or a licensor and are protected under copyright, trademark, and other laws of both the Australia and other foreign countries.
Unauthorised use of Rubies and Rust content may violate copyright, trademark, and applicable communications regulations and statutes, and is strictly prohibited.
PRICING OF PRODUCTS ("GOODS")
The price of goods available for purchase through the Services (“Goods”) will be displayed to you on the Services. The prices displayed include GST, and shown in the checkout total. We do not charge for standard shipping on orders of $150 or more. However, select Goods may have specific additional shipping costs and these will be displayed in the Services. Expedited/Express shipping may be purchased at an additional cost that will be shown in the services. Please see “Shipping” below for more information.
CONTENT DISCLAIMER | LIMITATIONS | PROHIBITIONS
You are responsible for your actions when using the Services or content made available in the Services.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by any third party. You accept that reliance on material posted by any third-party service provider will be at your own risk. By using the Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate to you or others.
You agree to only use the Services for its intended purpose. You must only use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws.
The following uses of the Services are prohibited. You may not:
- attempt to interfere with, reverse engineer, steal from, harm or gain any unauthorised access to the Services, user accounts, or the technology and equipment supporting the Services;
- frame or link to the Services without the permission from Rubies and Rust
- use data mining, robots, or other data gathering devices on or through the Services;
- post false, or misleading information, impersonate other persons, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person, harass, abuse, or post any objectionable material;
- sell, transfer, or assign any of your rights to use the Services to any third party without our express written consent;
- advertise or market links or content, except as specifically allowed by these Terms;
- use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Rubies and Rust or others; or
- access the Services from a jurisdiction where it is either illegal or unauthorised.
VIOLATION OF TERMS | CONSEQUENCES
If you do not act in a responsible way, we may prohibit the use of the Services by you.
We reserve the right to suspend or terminate your personal account and prevent access to the Services for any reason, at our sole discretion. We reserve the right to refuse to provide the Services to you at any time in the future.
You are responsible for all claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
Rubies and Rust are not liable for actions of users when they use the Services.
Changes to the Services:
We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
We are not responsible for disputes or disagreements between you and any third party you interact with when using the Services. You assume all risk associated with any dealings with a third party. You agree to resolve any disputes directly with the other party. You release Rubies and Rust of all claims, demands, and damages in disputes among users of the Services. You also agree not to include Rubies and Rust in such disputes. Please use caution when using the Services.
We make no representations of accuracy, reliability, completeness, or timeliness of content within the Services. We also make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. You use the Services at your own risk.
The Services may include links to third party websites and applications. It is your responsibility to evaluate whether to access or use those. Rubies and Rust are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
DEFINITION OF RELEASED PARTIES
“Released Parties” include Rubies and Rust and its parents, subsidiaries, affiliates, officers, managers, members, employees, agents, representatives partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Services entirely at your own risk. We do not make any warranties or guarantees.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Rubies and Rust are not liable for anything that happens to you that in any way may be connected to your use of the Services. If you use the Services in a way that causes Rubies and Rust to be included in any litigation, you agree to pay any and all legal fees or costs for Released Parties.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Rubies and Rust content, (iii) your breach of these Terms; or (iv) any other acts through your use of the Services. We shall provide notice to you promptly of any such claim, suit, or proceeding.
Rubies and Rust reserves the right to post, additional rules of use that apply to specific parts of the Services. The continued use of the Services by you constitutes your agreement to comply with those additional rules.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.