Terms & Conditions
i. This website and its contents (“website”) is owned and operated by Hardy Brothers Pty Ltd [A.B.N. 87080534827] (“Hardy Brothers”). By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
ii. These Terms and Conditions apply to goods and services purchased through any Hardy Brothers store as well as govern the use of this website
iii. Hardy Brothers reserves the right to amend these Terms and Conditions at any time without notice.
b. Applicable Law
i. These Terms and Conditions are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
ii. Hardy Brothers makes no representation that the content of the website complies with the laws of any country outside Australia.
iii. All rights not expressly granted herein are reserved.
c. Links to 3rd Party websites
i. Hardy Brothers assumes no responsibility and accepts no liability for the terms and condition or content of third party web sites that may be linked to or accessed from the website. Except as Hardy Brothers may specifically direct otherwise, Hardy Brothers does not authorise the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Hardy Brothers for such goods or services.
ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
d. Internet Security.
i. Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.
ii. We do not warranty that use of this website will not expose you to risks of this nature.
e. Competitions and Promotions
i. Certain parts of the website may contain competitions or promotions from Hardy Brothers or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Hardy Brothers specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.
f. Disclaimer and liability
i. This website is provided on an “as is” basis. Hardy Brothers has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.
ii. Hardy Brothers does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
iii. To the fullest extent permissible by law, Hardy Brothers, its affiliated companies and their respective directors, officers, employees, agents and contractors:
1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
2. Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
iv. Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Hardy Brothers, its affiliated companies or their respective directors, employees, agents and contractors) will Hardy Brothers, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.
i. You agree to indemnify and keep indemnified Hardy Brothers, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
h. Intellectual Property & Restrictions On Use Of Content
i. The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Hardy Brothers, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without Hardy Brother’s express consent.
i. Ownership of Submissions
ii. You further warrant that the content of any submission made will not infringe the intellectual property of any third party.
iii. We reserve the right to store any submission made and will do so if there is any legal requirement to do so.
j. Termination and Cancellation
i. Hardy Brothers reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Hardy Brothers will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Hardy Brother’s liability will survive such termination or cancellation.
k. Warranties and Returns