Terms & Conditions
Terms Of Service
This website is owned and operated by Outback Fencing. Throughout this website, you’ll notice the usage of “we”, “us”, and “our”. These terms refer back to us, Outback Fencing, where we offer this website, its tools, services, and information to you—the user, conditionally upon acceptance of all of our terms and conditions. By visiting our website and/or purchasing product(s) from us, you engage with our “Service” as a user and agree to our following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein, and/or available by hyperlink.
Our stated Terms of Service apply to every user of this site, including without limitation any users accessing our content through a browser, vendors, customers, merchants, and/or contributors of content. Before accessing, reading, or purchasing product(s) from our website, please review the following Terms of Service and conditions carefully then consider if you want to continue as a user.
By accessing or using any part of our website and services, you agree to be bound by the Terms of Service. If you do not agree with part or all of the terms and conditions of the laid-out Terms of Service, then you may not access our website, services, or products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Furthermore, any future features, products, and tools that are added to our website and store shall also be subject to the Terms of Service. This page is always up to date with our most current version of the Terms of Service. We also reserve the right to update, change, or replace any terms and conditions that are part of the Terms of Service when and how we see fit. This will be done by posting updates/changes to this website’s Terms & Conditions page. It is your responsibility as the user to periodically check this page for any changes and updates. The user’s continued use of our website and/or accessing the website following any changes to the Terms of Service constitutes as continued acceptance of them.
SECTION 1 – GENERAL CONDITIONS
At Outback Fencing, we reserve the right to refuse service to any users for any reason at any time, for both our website and store.
When agreeing to our Terms of Service, you understand that your content (not including credit card and sensitive information), may be transferred unencrypted to other networks. It might also go through changes to conform and adapt to the technical requirements when transferring and connecting to other networks/devices.
Credit card information and other, similar, sensitive information will always be encrypted when transferring data to other networks.
By agreeing to our terms and conditions, as well as being a user of our website, you agree not to reproduce, duplicate, sell, copy, resell, or exploit any portion of the Service and use of the Service. This also includes access to the Service or any portion of the website in which the service is provided, without explicit and written permission from us.
The headings, sections, and subsections in this agreement are included for the convenience of the user/reader. It doesn’t limit, impact, or affect these Terms or their importance otherwise.
SUBSECTION 1.1 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service for our website by visiting this page any time.
At our sole discretion, we reserve the right to change, update, remove, or replace any part of the listed and following Terms of Service and conditions. Any changes and updates will be posted on the website, and it is you—the user’s—responsibility to check our website periodically for any changes. Your continued use of our website or the Service following any changes to the Terms of Service establishes your continued acceptance of them.
SECTION 2 – ONLINE STORE TERMS
By agreeing to our Terms of Service, you represent that either (1) you are at least the age of majority in your state or province of residence, or (2) that you are of age of majority in your state or province of residence, and that you give us your consent to allow any of your minor dependents to access our website and agree to our terms and conditions on their behalf.
As part of our online store terms—you may not use our products for any unauthorized or illegal purposes. You also may not, in the use of the Service, violate any laws in your jurisdiction, including, but not limited to copyright laws.
You also agree to not transmit any worms, viruses, or malicious code through or on this website. A breach or violation of any of the Terms will result in immediate termination of your Services.
The collection and submission of your personal data through our store and website is governed by our Privacy & Security Policy. Our customer privacy and how we respect that is important to us. You can review our Privacy & Security Policy page here.
SECTION 4 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain product(s) or services may only be available exclusively online through this website. These products may have limited quantities and are subject to our Return Policy in regard to return or exchange only rules. You can read more about our return and refunds policy here.
We are not obligated, but reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Furthermore, we reserve the right to limit the quantities of any products or services we offer.
We reserve the right to discontinue any product at any time in our store. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Furthermore, we may give advice or guidance on what products we think that you require, or do a quote for materials for you—however, the responsibility lies with the customer to make sure they have ordered the right materials, followed their local council guidelines, engineer requirements, and/or any other rules and regulations.
SUBSECTION 4.1 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. This includes our products and the pricing of our products. They are subject to change at any time.
We also aren’t liable to you (the user) or any third-party for any modifications to our products, price changes, suspensions, or discontinuance of the Service.
SUBSECTION 4.2 – 7-YEAR PRODUCT WARRANTY
4.2.1. For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
4.2.2. To maintain materials, wash with clean water once a month.
Product warranty terms and conditions: Subject to the conditions of the warranty as set out in clause 4.2.1, Outback Fencing warrants that its products will be as described, of an acceptable quality, and free from any manufacturing defects. It’ll also be fit for purpose. If a product with a manufacturer’s defect becomes apparent and is reported to the Seller (us), within 7 years of the date of delivery (time being of utmost importance) then the Seller (us) will either, at our sole discretion, replace the product or repair the defect.
Our Colorbond products have a 10-year warranty instead of the 7-year product warranty. The conditions applicable to the warranty given by Section 4.2 are:
a) The warranty does not apply if the fencing is used within 2000 metres from the marine location.
b) The warranty applies only if the maintenance procedure outlined in clause 4.2.2 is followed.
c) Proof of purchase is required at the submission of any claims.
d) The warranty does not apply to moving parts, for example, gate hinges and latches.
e) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you have a minor problem with a service or product, Outback Fencing can choose to give you a free repair instead of a replacement or refund. If you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.
f) This warranty does not cover any defect or damage which is caused or partly caused through: (1) failure on the part of the Buyer to follow the instructions or guidelines provided by the Seller; or (2) failure on part of the Buyer to properly maintain any goods (review 4.2.2); or (3) the continued use of any Goods after a defect becomes apparent and known, or would have become apparent to a reasonably advisable operator and/or user; or (4) any use of any Goods otherwise than the specified application on the quote or order form; or (5) fair wear and tear, any accident or act of God; or (6) scratching, chipping, abrasion, or any other damage and/or deterioration caused by misuse, impact, or on accident; or (7) metal substrate deterioration through rusting or oxidization; or (8) excessive condensation and/or foreign matter, including but not limited to, dust, environmental matter, animal excrement; or (9) normal weathering, including loss of gloss, and colour of painted surfaces; or (10) attack from chemical agents, fumes, liquids, or solids; or (11) installation of the Product(s) less than 2-kilometres from marine or industrial influences.
g) The liability under the Warranty does not extend to or include: (1) Labour costs associated with the repair or removal of the defective Product(s), or installation of the replacement. (2) Injury to persons, damage to property, loss of income, profit or business, or any other indirect loss arising from or caused in any way by the defective Product(s).
h) If a product is repaired, altered, or overhauled without the Seller’s consent, the warranty shall cease, and the Seller shall be in no circumstances liable under the terms of warranty.
i) In respect of all claims, the Seller shall not be liable to compensate the Buyer for any delay in regard to either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
SUBSECTION 4.3 – ACCURACY OF BILLING & ACCOUNT INFORMATION
As part of the Terms of Service, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. If anything is out of date or incorrect, you also agree to promptly update and/or correct your account information, which includes your email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as needed.
We also reserve the right to refuse any orders placed with us. We may, at our sole discretion, limit or cancel quantities of product(s) purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, same credit card, and/or orders that are made using the same billing and/or shipping address.
In the scenario that we change or cancel a customer’s order, we may attempt to notify you through email and/or billing address/phone number that is provided at the time the order was made. Responsibility that the billing and account information is current and correct rely upon the customer.
We also reserve the right to limit or prohibit orders that, in our sole judgement, seem to be placed by dealers, resellers, or distributors. For more information regarding billing and account information, and orders, please review our Returns Policy page.
SECTION 5 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that from time to time, we may take down the service for indefinite periods of time or cancel the service at any time, without notice to you.
Furthermore, we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
In no case shall Outback Fencing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, loss of revenue, lost savings, loss of data, replacement costs, or similar damages. Whether it is based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services, or any products obtained through our services, or for any other claim related in any way to your use of the service or any product(s). This is included but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using our services, or any content or product(s) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states and/or jurisdictions, our liability is limited to the maximum extent which is permitted by law.
By agreeing to these Terms of Service, you expressly agree that your use of, or inability to use, our service is at your sole risk. The service, all products, and services are delivered to you through our service “as is” and “as available”, except when expressly stated by us, for your use without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 6 – PROHIBITED USES
We reserve the right to terminate your use and access of the Service and any related website for violating any of prohibited uses.
This includes any aforementioned prohibited uses, any other prohibitions set forth in the Terms of Service, as well as using this website or its content for: (a) any unlawful purposes; (b) using the website or its content to solicit others to perform or participate in unlawful activities; (c) violating any international, federal, provincial, or state regulations, laws, rules, or local regulations; (d) infringing upon or violating our intellectual property rights, or the rights of others; using our content or website to harass, abuse, insult, harm, defame, intimidate, discriminate, and/or to slander a person or party based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to spread or submit false and/or misleading information; (g) to upload or spread viruses, phishing links, or any other type of malicious code that will affect the functionality or operation of the Service, this website, its users, or other websites and platforms; (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purposes; and (k) to interfere or avoid the security features of the Service or any other related website, other websites, or the Internet.
SECTION 7 – OPTIONAL TOOLS
As part of our website, we may provide you with access to third-party tools, which we have no control or input over, or monitor. We are not responsible for reviewing or evaluating their content.
As part of these Terms of Service, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any complaints, problems, feedback, or comments should be directed to the owner and/or creator of the third-party tools.
Any use of the optional third-party tools we offer through this website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms at which the tools are provided by the relevant third-party provider(s).
We may also, in future, offer new services and/or features through this website, including the release of new tools and/or resources. Any new features, tools, and services are also subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our Service may include materials from third parties when it comes to certain content, products, and services available.
Third-party links on this website may direct you to third-party websites that are not affiliated with us, Outback Fencing. Furthermore, we are not responsible for reviewing or evaluating the content or accuracy on third-party websites, and we do not warrant, and will not have any liability or responsibility for any content, products, or services, found on third-party materials and websites.
Outback Fencing is also not liable for any harm or damages potentially resulting from purchases or the use of goods, services, resources, content, or any other types of transactions made in connection with any third-party websites.
It is the sole responsibility of the user to review any third-party policies and practices carefully, and make sure you understand them before engaging with their services and/or transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party, not us.
SECTION 9 – GOVERNING LAW
These Terms of Service, conditions, and any separate agreements in which we provide you Services are governed by and construed in compliance with the laws of New South Wales.
SECTION 10 – ENTIRE AGREEMENT
Any ambiguities in the interpretation or misinterpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and our listed policies as well as operating rules posted by us on our website (or in respect to The Service) constitute the agreement and understanding between you, the user, and us. We govern the user of The Service, which also overrides any previous agreements, communication between parties, or proposals—whether oral or written between users and us.
This also includes, but is not limited to, older versions of the Terms of Service. As listed in section 1.1, it is the responsibility of the user to periodically check this page to stay updated with the most current Terms of Service.
SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
As a user, you agree that your comments will not violate any right of us, or any third-party, including copyright, trademark, privacy, personality, or other personal or propriety right. You also agree to refrain from posting any unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable content, or ones violating these Terms of Service.
In this case, we may, but have no obligation to, monitor, edit, or remove this type of content in our sole discretion. Furthermore, you agree to not comment, content, or submissions, that contain any computer viruses, malicious code, or malware, that could affect the operation of the Service, this website, or related websites. You may also not use a false e-mail address for our services, pretend to be someone else other than yourself, or otherwise mislead us, or third parties as to the origin of any comments, feedback, or other user submissions.
You, the user, are also solely responsible for any comments you make, the accuracy, and also take full responsibility in the case that it is edited, modified, or removed by us. We take no responsibility and assume no liability for any comments, feedback, and submissions posted by you or any third-party.
SUBSECTION 11.1 – OTHER SUBMISSIONS
If you send certain specific submissions (for example, content ideas), with or without request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether it’s online, by email, postal mail, or otherwise (collectively, ‘comments’), you agree, that we may—at any time, without restriction, publish, edit, copy, distribute, translate, and otherwise, use the sent submission you forward us in any medium. We are and shall under no obligation (1) maintain any comments in confidence; (2) pay compensation for any comments or other submissions; and (3) respond to any comments, feedback, and other submissions.
SECTION 12 – IDEMNIFICATION, SEVERABILITY, AND TERMINATION
By using our website and agreeing to our terms and conditions, you also agree to the Terms of Service regarding indemnification, severability, and termination, as laid out in the following subsections.
SUBSECTION 12.1 – IDEMNFICATION
By agreeing to the Terms of Service, you agree to indemnify, defend, and hold harmless Outback Fencing and our parent, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, any interns, and employees, harmless from any claim or demand—including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of our Terms of Service, or any incorporated documents or hyperlinks they reference, or your violation of any law, listed prohibited uses, or rights of a third-party.
SUBSECTION 12.2 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall, nonetheless, be enforceable to the fullest extent that is permitted by applicable law. The unenforceable portion of the provision shall also be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining portions. In the event that this Terms of Service page has not yet been updated by us to reflect the aforementioned situation, it shall not affect the validity of the Terms of Service.
SUBSECTION 12.3 - TERMINATION
These Terms of Service are effective unless and until the agreement between us and you are terminated by either party. You, the user, may terminate these Terms of Service at any time by notifying us (see Section 21 – Contact Information) that you no longer wish to use our Services, or when you cease using our website and services.
We also hold the right to judge solely if you fail, or if we suspect that you’ve failed, to comply with any of the terms and provisions listed and referenced in these Terms of Service, to then terminate this agreement at any time without notice. If termination occurs, you will still remain liable for all amounts due up to and including on the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any obligations and the liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
SECTION 13 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Outback Fencing is not responsible if information available on this site is not accurate, complete, or current. In the event that information is inaccurate, it shall not impact on the Terms of Service and the validity of the agreement. The material on this website is provided for general information only, and should not be relied upon or used as the sole basis for making decisions. It is the user’s responsibility to seek and consult primary, more accurate, and more completely/timely sources of information. You, the user, agree that any reliance on the material and information on this website is at your own risk.
This site may also contain certain historical information. Historical information, necessarily, is not current and only provided for your reference only. At any time, we reserve the right to modify the contents of this site at any time. Furthermore, however, we are not under any obligation to update any information, including but not limited to, outdated information on our website. You also agree that it is your responsibility to monitor changes to our website and periodically check for updates.
SUBSECTION 13.1 - ERRORS, INACCURACIES, AND OMISSIONS
When browsing this website, occasionally there may be information on it and/or in the Service that contains typographical errors, inaccuracies, or omissions. This could relate to a product’s description, pricing, promotions, offers, product shipping information and charges, transit times, and availability.
We undertake no obligation to update, amend, or clarify any information in the Service or any related website, including without limitation, pricing information, except as required by law. We reserve the right to correct any errors, omissions, and inaccuracies at our discretion, as well as changing or updating information and cancelling orders if any information in the Service or any related website is inaccurate at any time without prior notice—including after you have submitted your order.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all the information in the Service or on any related website has been updated or modified.
SECTION 14 – CONTACT INFORMATION
Any questions regarding the Terms of Service and/or any changes to this page should be sent directly to us. You can reach out to the Outback Fencing team on the contact us page, or with the following details.
Phone: (02) 4062 0386