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Terms Of Use

 

Terms Of Use

The website, www.kubotagear.com.au (“Web site”) is owned, operated, and maintained by Kubota Tractor Australia Pty Ltd (“Kubota”) or its agents. Please read these terms and conditions of use (“Terms and Conditions”); your access to and use of the Web site, including the purchase of our goods and use of our services, is provided subject to the following terms and conditions. Your access to and use of the Web site indicates your acceptance and agreement to the Terms and Conditions.

 
Kubota may change the Terms and Conditions without prior notice. You are responsible for checking this page whenever you use the Web site for the most current version of the Terms and Conditions. The Web site contains links to other websites of Kubota, its affiliates, and third parties (“Linked Sites”). Kubota assumes no responsibility for the contents of a Linked Site. In no event shall Kubota be liable for any loss or damage incurred by accessing or using any Linked Site.

 

General

1. Before you can purchase any goods or access any services which may be provided by us, you may be asked to provide certain information that requires entry of information such as name, address, phone number, email, credit card details etc. Please refer to our privacy policy by following the link on our home page for information relating to the collection, storage and use of the personal information you provide on registration.
2. You confirm that your details are true and accurate and you agree to update your details if they change.
3. You agree to pay for our goods and/or services as set out on our website or otherwise communicated to you.
4. Our goods and services are provided to adults over the age of 18 years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. We may use contractors from time to time to provide our services.
6. We reserve the right to refuse to supply goods or services in our absolute discretion.
7. Title to, and all risk of loss or damage to goods passes to you when we dispatch the goods, unless otherwise specifically agreed with you.

 

Terms and Conditions of Sale

1. The information on our website and our goods and services are intended to be used by users within Australia only.
2. We supply and dispatch our goods and services to customers within Australia only.
3. All prices are provided or quoted in Australian dollars and are inclusive of GST.
4. Packaging and postage/delivery is an additional charge and will be calculated at time of purchase.
5. If you place the order as the representative of another party you warrant that in doing so you have their authority to do so, and if that authority is denied you will be personally liable to pay for the order.
6. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
7. Delivery of your ordered goods and services will be as set out on our website or as otherwise agreed with you.
8. Full payment in the manner provided on our website is required before dispatch of goods, unless otherwise agreed with you prior to commencing your job. Cash is not acceptable.
9. Where a product or service has been listed at the incorrect price or with incorrect descriptive information or image due to a typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited within a reasonable time.

 

Product Returns

1. If we undertake to replace any goods delivered to you that are faulty or are in a damaged condition. If you wish to return faulty goods, you must notify us by emailing kta_g.merchandise@kubota.com, explaining the reason for exchange or refund. Upon written confirmation from Kubota, post the goods to our online store/returns/exchange address: Kubota Tractor Australia, 25-29 Permas Way, Truganina, Victoria, Australia, 3029. Return freight is payable to the customer. For more information, view our delivery & returns page here.
2. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount we received for the purchase, including any packaging and postage or delivery charges.

 

Statutory Guarantees to Consumers

Schedule 2 of the Australian Consumer Law (“ACL”) defines a consumer. If you are a consumer within the meaning of Schedule 2 of the ACL, 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.

 

Limitation of Liability

Subject to the above statutory guarantees:
– to the full extent permitted by law, our liability for breach of an implied warranty or condition or for our duty of care to you is limited at our option to the replacement of the goods or the cost of the goods, the supply of the services again or payment of the costs of having those services supplied again.
– we accept no liability for any loss whatsoever including consequential losses such as loss of profit or loss of opportunity suffered by you arising from goods or services we have supplied.

 

Prohibited Conduct

When using the Web site you agree not to:
– Violate any laws, regulations, or ordinances
– Commit or aid criminal acts
– Engage in actions that may cause any disadvantage, loss, or damage to Kubota third party
– Violate the legal rights, such as property rights or privacy, nor defame the reputation of Kubota or any third party
– Engage in actions that violate the standards of public order and decency -Uploading, using, distributing, or providing in anyway a software program or data, such as a computer virus, intended to damage the Web site, servers, computers, or any other property of Kubota and any third party.
– Using another person’s e-mail address with the intention of misleading Kubota or any third party.
-Any other activities that Kubota deems inappropriate

 

Disclaimers

This section is subject to any non-excludable legislative liability.

Kubota does not guarantee or represent the accuracy, timeliness, or availability of the contents of the Web site, including but not limited to the descriptions of goods, the product list, the price list, or any images displayed on the Web site. All Images have been provided for illustrative purposes only, and Kubota does not guarantee that the images exactly portray the exact colour, design or options relating to a particular good. Kubota shall not be liable for any loss or damage incurred by accessing or using the Web site.

Kubota does not guarantee or represent the safety of the Web site or the server. In or any no event shall Kubota be liable for any loss or damage caused by equipment shutdown due to disaster, line problems/failure, or maintenance; computer viruses, corrupted files, or any other similar software or data; or data tampering, unauthorized access, or leakage by third parties, etc.

Kubota may change and/or alter the contents of the Web site and suspend or discontinue the services provided through the Web site at any time without notice. Kubota shall not be liable for any loss or damage arising out of any change or alteration to the contents and suspension or closure of the Web site, regardless of the reason.

The Web site may provide information about products and services that are not available in some regions or countries. The Web site is not always designed to provide information in every region or country.

Images on the Web site have been provided for illustrative purposes only and Kubota does not guarantee or represent that the images exactly portray the exact colour, design or options relating to a particular good or service.

Kubota may host third party content on the Web site such as advertisements and endorsements belonging to third parties. Kubota is not responsible for that content.
You agree to indemnify and hold Kubota harmless from all claims, losses, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Web site or your dealings with Kubota, including information you provide Kubota with, to the extent that it was not caused as a direct result of Kubota’s negligence.

 

Copyright and Trademarks

Copyright to the documents, images, voices, and other materials on the Web site belong to Kubota, or Kubota has a licence to use the copyright, unless otherwise specified. All materials on the Web site are protected by copyright laws and other applicable international laws and treaty provisions.

You are prohibited from using, duplicating, altering, uploading, posting, sending, distributing, lending, transferring, selling, and publishing any of materials on this Web site without Kubota’s prior written permission except:
– for personal use;
– as permitted under the Copyrights Act 1968 (Cth); and
– to the extent defined in the Web site.

The respective Terms and Conditions contained herein or on other pages on each of the content pages, if any, supersede any other terms and conditions. Software that is made available from the Web site is the copyrighted work of the respective owners. Use of such software is subject to the terms and conditions of each end-user license agreement between the owner of such software and the end-user thereof, in addition to copyright laws and other applicable international laws and treaty provisions.

Company names, product names, and the logos used on the Web site are the trademarks or registered trademarks of Kubota. Other product names and company names used on the Web site are trade names, trademarks, or registered trademarks of the respective companies.

When you access the Web site Kubota gives you a limited licence to access and use the information and images on the Web site for your personal use. Your use of Kubota’s content in any other way without Kubota’s prior written permission infringes Kubota’s intellectual property rights.

You are not permitted to use any data mining robots or other extraction tools or to metatag or mirror the Web site without Kubota’s prior written permission.

 

Links to other websites

Third party websites linked to or from the Website (“LinkedSite(s)”) are independently operated and maintained by such third parties and are not under the control of Kubota. Kubota assumes no responsibility for the contents of any Linked Site. In no event shall Kubota be liable for any loss or damage incurred by accessing or using any Linked Site.

Nothing contained on the Web site shall be interpreted as a recommendation and/or endorsement by Kubota of the contents of the Linked Sites, and any products and/or services appearing on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or similar relationship between the operators of the Linked Sites and Kubota.

 

Information provided from users

By sending any comment, questions, information, proposals, ideas, etc. (“Comments”) to Kubota, then such Comments will become the property of Kubota and Kubota will be free to use it in whatever way Kubota wishes, for any commercial or non- commercial purpose without compensation to you or to any other person who has transmitted it to the Web site or to Kubota. You acknowledge that it is original and does not infringe the intellectual property rights of third parties.

 

Links to the Website

You can link any website to the Web site at your own expense, if you inform Kubota of the URL of the linked website and the name of the contact person. In addition, you must agree to the following:
1. In no event will Kubota be liable for loss or damage incurred by linking to the Web site.
2. Kubota assumes neither the responsibility nor the obligation for the link to the Web site.
Linking to the Web site does not indicate the grant of any rights from Kubota.
3. The URL and contents of the Web site may be changed or deleted without prior notice.
Notification of changes or deletion of the contents will not be provided.
4. No cross-links will be made.
5. The Web site must be presented in a way that permits a third party to clearly understand that the Website content belongs to Kubota,e.g.,the Website should not appear with in a frame of another website. Deep linking is not permitted.
6. You must not use Kubota’s logo without permission.
7. Links from websites containing the following will be denied. The Web site will also not be referenced in emails:
– Content that is illegal or violates the standards of public order and decency (inducement to criminal, illegal, or antisocial activities; including expressions of discrimination)
– Adult content
– Content deemed offensive to Kubota, any of its affiliates, or any third party

 

Applicable Laws and Jurisdiction

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Kubota that results in litigation or legal action, then you must submit to the jurisdiction of the courts of Victoria.

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