Terms and Conditions
These terms and conditions apply to the Gerber Gear Australia website located at www.gerbergear.com.au (the “website”) and is operated by Fiskars Australia Pty Ltd ABN 59 000 077 190 (referred to as "Fiskars/we/our/us") . Fiskars Australia Pty Ltd is part of the Fiskars Group of companies.
Our offices are located at:
5 William Dean St
Huntingwood
NSW 2148
As user of this website (referred to as "you/your"), you acknowledge that any use of this website, ("use/using"), is subject to our terms and conditions below.
1. General
1.1 Your use of this site is governed by the terms and conditions set out below. You should also read our Privacy Policy.
1.2 We may at any time make changes to this site and the details displayed on it.
1.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
1.4 We reserve the right to make changes to these terms and conditions at any time. If you do not accept the amended terms, please do not use the Site. Your continued use of the Site indicates that you accept the amended terms.
2. Intellectual Property
2.1 You agree that all Intellectual Property Rights and all other materials contained on this website remain the property of Fiskars or its content and technology providers.
2.2 ‘Intellectual Property Rights’ means all rights in or to any patents, database rights, copyright, design rights (whether registered or unregistered), Trade Marks (whether registered or unregistered), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registerable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.
2.3 All Intellectual Property Rights in the web site design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this web site are owned by Fiskars or its content and technology providers. All rights reserved.
2.4 Fiskars grants you a license to electronically copy and print in hard copy portions of this web site for solely personal use. Any other use of the materials on this site - including reproduction for a purpose other than that noted above, modification, distribution or re-publication - without the prior written permission of Fiskars is strictly prohibited.
3. Liability
3.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, condition, warranty, right, obligation or remedy implied or imposed by any statue or regulation which cannot lawfully be excluded, restricted or modified. The Australian Consumer Law and other statues in force from time to time in Australia may restrict any exclusion or limitation or liability or may imply warranties, representations or conditions, or impose remedies or obligations, upon Fiskars which cannot be excluded or limited (or modified) except to a limited extent. These terms and conditions must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then, to the extent to which Fiskars is entitled to do so, Fiskars limits Fiskars' liability pursuant to such provisions and will not exceed that compelled by applicable laws or regulations.
3.2 Subject to Section 3.1 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
3.3 Subject to 3.1 above, Fiskars will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any, economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Fiskars does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site.
4. Severability and Waiver
4.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
4.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.
5. Miscellaneous
5.1 These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your use of the site.
5.2 No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other position.
5.3 To provide increased value to our consumers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5.4 Fiskars makes no promise that materials on this site are appropriate or available for use in locations outside Australia and accessing the site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia you do so on your own initiative and are responsible for compliance with local laws.
5.5 A person who is not a party to these terms and conditions shall have no right to enforce any term of these terms and conditions.
5.6 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
6. Applicable Law
6.1 These terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.