Terms & Conditions

Introduction

Welcome to Driza-Bone Pty Ltd ("Driza-Bone"). This Site is provided by Driza-Bone as a service to our customers. Please review the following basic rules that govern your use of the Driza-Bone website (the "Agreement"). Please note that your use of the Driza-Bone website (the "Site"), constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Driza-Bone reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

We expect some delivery delay for the busy Christmas time period. We cannot guarantee that the product will be delivered to you before Christmas and if you have any concerns, please call or email our friendly customer service team on +61 (03) 9425 2222 or sales@drizabone.com.au. 
Please also note that our head office and warehouse will be closed from 24 December 2011 to 2 January 2012. The orders placed after 21 December 2011 will be processed after 2 January.  

Privacy Policy

Driza-Bone is committed to customer service and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the 10 National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs came into effect on 21 December 2001. The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the National Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

What is personal information and why do we collect it?

Personal Information is information or an opinion that identifies an individual.

Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.drizabone.com.au and from third parties. We don’t use cookies. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time; all you need to do is let us know.When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. Driza-Bone does not collect or use Sensitive Information.

Third parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take all reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of personal information

Your Personal Information may be disclosed in a number of circumstances including the following:
• third parties where you consent to the use or disclosure; and
• where required or authorised by law.

Security of personal information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. All Personal Information transmitted or stored is encrypted to industry standards.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of seven years.

Access to your personal information

NPP six provides you with the right to access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please make out your request to us in writing. Driza-Bone will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing such information.

Maintaining the quality of your personal information

It is an important part of providing our services to you that your Personal Information is up-to-date. NPP three provides that we take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. It is important that you advise us at the earliest opportunity of any changes to your Personal Information so that our records can be updated.

Policy updates

This Policy may change from time to time. The Driza-Bone Privacy Policy is available at our office or on our website to anyone who requests it.

Complaints

You can lodge a complaint with us about any breach of our Privacy Policy and our privacy obligations to you by contacting us.

Privacy Policy enquiries

If you have any queries about our Privacy Policy please contact our office at: 
92 Rupert Street 
Collingwood Vic 3066
Tel: +61 3 9425 2222
Fax: +61 3 9425 2298
E-mail: info@drizabone.com.au

Use of this site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Driza-Bone does not intentionally collect personal information about persons under the age of 18. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a person under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Driza-Bone or its suppliers and protected by Australian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Site security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) 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" (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Driza-Bone will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Driza-Bone on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Order acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing information

While Driza-Bone strives to provide accurate product and pricing information, pricing or typographical errors may occur. Driza-Bone cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Driza-Bone shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Driza-Bone may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the lowest prices possible on Driza-Bone. However, sometimes a price online does not match the price you see in a store. Driza-Bone, Driza-Bone third-party retailers and Driza-Bone third-party online stores are not obligated to match Driza-Bone Internet pricing or competitor advertisements.

Quantity limits & dealer sales

Driza-Bone reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Driza-Bone account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Driza-Bone also reserves the right, at our sole discretion, to prohibit sales to dealers and distributors.

Export policy

You acknowledge that the purchased goods licensed or sold on the Site are subject to the customs and export control laws and regulations of Australia and may also be subject to the customs and export laws and regulations of the country in which the products are received.

Copyrights and trademarks

Unless otherwise noted, all Content is copyright, trademark, trade dress and/or other intellectual property owned, controlled or licensed by Driza-Bone, one of its affiliates or by third parties who have licensed their materials to Driza-Bone and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Driza-Bone and is also protected by Australian and international copyright laws. Driza-Bone and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Driza-Bone's or any third party's intellectual property rights. The Driza-Bone names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Driza-Bone. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Driza-Bone's endorsement, sponsorship or recommendation of the third party, information, product or service. Driza-Bone is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

User reviews, feedback, submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Driza-Bone on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Driza-Bone's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Driza-Bone of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Driza-Bone will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Driza-Bone will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Driza-Bone is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Driza-Bone does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Driza-Bone the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Driza-Bone and its affiliates for all claims resulting from any Comments you submit. Driza-Bone and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colours

We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless Driza-Bone and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or Driza-Bone. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Driza-Bone also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Driza-Bone's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Driza-Bone, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Driza-Bone's right to any Comments shall survive any termination of this Agreement.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Driza-Bone to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Driza-Bone's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Queensland law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Queensland and you consent to the exclusive personal jurisdiction of such courts.

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