Site Terms and Conditions
By using our Site you consent to being bound by these Terms which constitute a legal agreement between you and BSR Franchising Pty Ltd trading as
RT Edwards Commercial. Please read these Terms carefully before using our Site. If you do not agree with any of these Terms, please do not use our Site.
In these Terms, the following definitions apply:
BSR Group means BSR Australia Limited ABN 84 122 529 695 and its wholly owned subsidiary, BSR Franchising Pty Ltd;
Order means an order placed with RT Edwards Commercial, whether in-premises, over the phone, or via email;
Personal Information has the meaning given to it under the Privacy Act 1988 (Cth);
Related Entity has the meaning given to it under the Corporations Act 2001 (Cth);
RT Edwards Commercial means BSR Franchising Pty Ltd ABN 21 122 556 094, trading as RT Edwards Commercial;
Site means the www.rtedwardscommercial.com.au website;
Terms means these terms and conditions of use of our Site;
Terms of Order means the terms and conditions which apply to Orders, available here on our Site;
Westpac Portal means the link to the payment portal operated by Westpac Banking Corporation ABN 33 007 457 141;
Westpac means Westpac Banking Corporation ABN 33 007 457 141; and
You and Your means the site user or customer.
This site is owned and operated by RT Edwards Commercial. We provide this Site subject to these Terms,
All prices on this website are in Australian Dollars and are inclusive of GST but exclusive of delivery and freight costs.
We operate in Australia and cannot supply products or services outside of Australia. For security reasons we reserve the right to review orders placed from outside Australia for pick up or delivery within Australia.
All material available on our Site (Content) is provided for background, educational, information and personal entertainment purposes only. The Content does not represent professional advice and should not be relied upon without our specific and written consent. We reserve the right at any time to change or discontinue without notice any aspect or feature of our Site.
Whilst we have no reason to believe that the Content is inaccurate, we do not make any express or implied warranties, representations or endorsements whatsoever in relation to the Content.
Third Party Linked Sites
Our Site contains links and references to websites maintained by third-party organisations that may have no commercial or other relationship with us (Linked
Sites). The Linked Sites and references have been included for interest and convenience purposes only. We:
· do not sponsor, endorse or approve of the views expressed on the Linked Sites or the information, products and services available on the Linked Sites;
· do not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up to date;
· do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on the Linked Sites; and
· make no warranty or representation in relation to any information contained on the Linked Sites.
We reserve the right at our absolute discretion and without notice to remove hyperlinks or references to any Linked Sites. For the avoidance of doubt, framing of our Site or any part of our Site is not permitted without express permission.
Copyright and trade marks notice
Subject to the below, we own or have a licence to use all intellectual property rights including copyright in all Content contained on our Site and in the selection, arrangement and presentation of this Content and design of our Site.
Any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form is prohibited without our express written consent.
· We do not own copyright in any third party material contained on Linked Sites or in any third-party material which appears on our Site with the consent of the copyright owner. We do not warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or
· authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material or in any third party material which appears on our Site.
The logos and brand names, are the registered and unregistered trade marks of the BSR Group and other third parties. Nothing contained on our Site or in these Terms should be construed as granting, by implication or otherwise, a licence or any right to any party to use any Copyright Material or trade marks without our prior written consent or the written consent of the third party owner.
We appreciate any product reviews, information or material submitted to the Site (content submissions). All content submissions sent to us will be deemed not to be confidential. By submitting any solicited or unsolicited information (including without limitation suggestions, ideas or comments but excluding purchase and payment information) using our Site, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever to the extent permitted by law.
This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Accordingly, all pictures and images displayed on this website are for illustration purposes only.
Product dimensions and specifications are given as helpful information only and are not to be relied on, particularly for final installation. Please refer to the manufacturer’s specification prior to purchase and to ensure there have not been any recent alterations to the selected product. Accessories are not included unless otherwise stated.
Viruses, errors, defects and interruptions
You acknowledge that access to our Site and Linked Sites is affected by matters beyond our control. We do not guarantee that the files contained in our Site, Linked Sites or the servers on which our Site or Linked Sites are hosted are unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.
We do not guarantee that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected. You use our Site and Linked Sites at your own risk.
We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Site or the Linked Sites. You should take appropriate action to ensure that your access to and use of this Site and other sites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.
You must ensure that your access to our Site is not illegal or prohibited by laws which apply to you. We do not make any warranty or representation that information on our Site is appropriate for use in any jurisdiction other than Australia. By accessing our Site, you warrant and represent to us that you are legally entitled to do so.
You agree that you will not use our Site:
· for any purpose that may prejudice the reputation or interests of the BSR Group or any of its suppliers; and
· to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.
Without limiting the foregoing, you must not:
· on-sell information obtained from our Site;
· hack into, change or otherwise interfere with the operation of our Site or the Content (including knowingly transmitting a virus or other damaging material to our Site); or
· tamper with the Site, misrepresent your identity, use buying agents or conduct fraudulent activities on the Site.
Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation:
· accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;
· using the Site for unintended purposes or trying to change the behaviour of the Site;
· attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;
· attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, flooding,” “spamming,” “mailbombing” or “crashing;”;
· forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
· forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating a legitimate user).
Sending unsolicited and unauthorised e-mail on behalf of RT Edwards Commercial or any other member of the BSR Group, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.
You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers.
We will record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website.
Australian Consumer Law
Nothing in these Terms is intended to limit or exclude any provisions of the Competition and Consumer Act 2010 (Cth) or other similar state or territory laws (Consumer Law). In the event of any inconsistency between these Terms and the Consumer Law, the Consumer Law will prevail.
Disclaimer of liability
Subject to the Australian Consumer Law, and to the extent permitted by law, RT Edwards Commercial and the BSR Group:
· exclude all liability to third parties, whether that liability arises in contract, tort or any other cause of action;
· exclude any condition or warranty which would otherwise be implied; and
· will not be responsible and/or liable for any incidental, special, direct or consequential damages, however caused, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of or knowledge of the possibility of such damage.
Advertised price disclaimer
To the extent permitted by law, the following disclaimers apply with respect to prices and offers:
· Prices and offers are subject to change without notice.
· Some advertised products may have been available in store at lower prices than that advertised from time to time. Advertised savings are calculated against recommended ticketed prices in store and/or previously advertised prices. Some stores may have previously ticketed products at a higher price than that advertised, in which case savings would be greater.
· The price for goods displayed on the Site may be lowered after your order has been accepted and payment processed.
· We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and payment for the order made.
Electronic versions of printed catalogues
Electronic copies of printed catalogues (Catalogues) may be accessible from this Site. The duration of the offers or available quantities of products/services ncluded in the Catalogues are subject to the disclaimers on the relevant Catalogue. Although we make every attempt to make all offers consistent, we do not guarantee or represent that that the products, services, pricing or any other offer in a Catalogue will be available to purchase via this Site.
You agree to indemnify RT Edwards Commercial and the BSR Group against all loss, liability, claims, damage or expense of whatever nature which any member of the BSR Group or any third party including but not limited to Westpac and owners of the Linked Sites may suffer (including legal fees on a solicitor and own client basis), arising out of or relating to, whether directly or indirectly:
· your use of our Site, including to send or post a message;
· your breach of any provision of these Terms; and/or
· any intentional wrongdoing by you.
Our Site contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. Cookies record your preferences in relation to your use of our Site and provide us with other information about your enquiry that allows us to recognise you in the future. The cookies on our Site do not read the information on your hard drive. They do not make your computer send information to any other computer via the Internet.
When you visit our website the following information will be recorded by our Internet Service Provider (ISP) for statistical purposes:
· your server address;
· your top level domain name (e.g., .com, .gov, .au, etc);
· the date and time of your visit to the site;
· the pages accessed and documents downloaded;
· the previous site visited, and
· the type of browser used.
No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a Government agency exercises a warrant to inspect the Internet Service Provider’s logs.
These Terms constitute the sole record of the agreement between you, and RT Edwards Commercial in relation to your use of our Site. Unless otherwise specifically stated these Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you, and RT Edwards Commercial in respect of or in any way related to your use of our Site.
Governing law and jurisdiction
These Terms are governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms.
Updating these Terms
We may amend, revise or update these Terms by posting revised Terms on our Site from time to time. Your continued use of our Site constitutes acceptance of these revised Terms.
These Terms were first issued on 16 October 2020.
Where any conflict appears between the provisions of these Terms and any other relevant terms and conditions, policies or notices, which relate specifically to a particular section of our Site, the latter shall prevail in respect of your use of the relevant section of our Site.
No indulgence or extension of time which RT Edwards Commercial may grant to you will constitute a waiver of or limit any of the existing or future rights except in the event of a signed written document expressly waiving or limiting such rights.
RT Edwards Commercial shall be entitled to assign and delegate all or any of its rights and obligations in these Terms to any third party without notice.
All provisions of these Terms and any terms and conditions, policies or notices which relate to a specific section of our Site are severable from each other. If any provision of any terms and conditions, policy or notice becomes unenforceable in any jurisdiction it shall be excised and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
If you have any queries, comments, or concerns regarding these Terms, please contact us at RT Edwards Commercial t/a BSR Franchising Pty Ltd, 18 / 56 Lavarack Avenue, Eagle Farm, Brisbane Qld 4009. Telephone – 07 3414 8700, email: firstname.lastname@example.org.
Updated 28 October 2020