Rush HQ – Terms of Use
About the Website
Welcome to www.rushhq.com (the ‘Website‘). All the material on the website is for general information and interest only, including the sale of products (the ‘Goods’) and the booking services (the ‘Services’).
The Website is operated by LCIM Trading Pty. Ltd. (ACN 612 232 658) trading as Rush HQ (‘Rush HQ’). Access to and use of the Website, or any of its associated Goods and/or Services, is provided by Rush HQ. Please read these terms of use (the ‘Terms‘) carefully.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms once Goods and/or Services on offer are being accepted and acted upon. If you do not agree with the Terms, you must cease usage of the Website, or any of the Goods and/or Services, immediately. You accept the Terms by remaining on and using the Website or remaining on the premises of a Rush HQ venue.
Rush HQ reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Rush HQ will endeavour to keep this website relevant and up to date, no responsibility will be accepted for any loss, damage, mistakes or omissions that may occur.
Other website links may appear on the website, however any of the content is not endorsed by Rush HQ and any content on these other sites is not operated or controlled by Rush HQ.
Booking Services
As part of your use of the Goods and/or Services, you may be required to provide personal information about yourself (such as but not limited to identification or contact details), including your name, email address, mailing address, and telephone number. You warrant that any information you give to Rush HQ in the course of completing the registration process will always be accurate, correct and up to date. The information will be handled in accordance with the Rush HQ Privacy Policy.
You will use the Goods and/or Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the State of Victoria.
You will not use the Goods and/or Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Rush HQ.
You may not use the Goods and/ or Services and may not accept the Terms if you are:
- Not of legal age to form a binding contract with Rush HQ; or
- A person barred from receiving the Goods and/or Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
In using the Website, the Goods and/or Services or when making any payment in relation to your use of the Goods and/or Services or the Rush HQ venue, you warrant that you have read, understood and agree to be bound by the Rush HQ Terms and Conditions.
Payment and Payment Processing
Payments via the website or telephone are completed using a credit card. A confirmation receipt will be sent to the email address provided once payment has been cleared. If you do not receive a confirmation email within one business day, please contact Rush HQ directly. You may not cancel or change an order once it has been submitted and paid. You are responsible for ensuring the accuracy of your order.
You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Rush HQ can vary the Services Fee at any time.
Payments made in person at the Rush HQ venue are completed using a credit card, cash, or cheque.
Payment for the Goods and/or Services must be made in full at the time of purchase, unless indicated that a deposit is accepted or discount applicable. Payment must be made in full prior to using or acting upon the Goods and/or Services.
Pricing
The prices of the Rush HQ Goods and/or Services shall be the prices displayed on the website or in the Rush HQ venue on the date of your purchase or order (inclusive of tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth). All prices are quoted in Australian dollars.
In the event of any booking or pricing error made on the part of Rush HQ for any Goods and/or Services being offered, an appropriate credit or refund may be applied to customers in the absolute discretion of Rush HQ upon being notified of same.
Copyright and Intellectual Property
This Website, the Goods and Services and all of the related intellectual property of Rush HQ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Rush HQ or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Rush HQ, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
- use the website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the website for your own personal and non-commercial use.
Rush HQ does not grant you any other rights whatsoever in relation to the website or the Services. All other rights are expressly reserved by Rush HQ. Rush HQ retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Rush HQ and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third- party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Rush HQ will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Rush HQ make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Rush HQ) referred to on the Website includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful;
- third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Rush HQ; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
Rush HQ’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Rush HQ, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Governing Law and Jurisdiction
These terms of Use are governed by and must be construed in accordance with the laws of Victoria. Each party:
- Irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, and all courts which have jurisdiction to hear appeals from those courts; and
- Waives any right to object to proceedings being brought in those courts for any reason.