Terms & Conditions
Customer Acknowledgement: The Services of GorillaBuilderz website are provided by Eden Worth Pty Ltd T/As Gorilla Distribution, ABN 25 075 597 269 (“GorillaBuilderz”, “us” or “we”) as a service to its customers (“Users”). By using this site or by the placement of an order to purchase product from GorillaBuilderz, you (“you”, “user”, “Customer”) agree with these Terms and Conditions of Sale. If you do not agree to them, do not use the site and do not proceed to register. Your use of the Site constitutes your agreement to all such Terms. GorillaBuilderz is the trading name of. This contract of sale is between you (the “Customer”) and GorillaBuilderz. The following Terms govern your access to the site and use of the Service. All goods are supplied on these terms and conditions only. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on www.GorillaBuilderz.com.au. No person in the employment or otherwise as agent for GorillaBuilderz has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
Customer agrees to ensure that all personal and financial details that are provided to GorillaBuilderz are correct. Customer accepts responsibility to ensure that the credit/debit card provided for payment is their own, that the details supplied are correct, and that you have sufficient funds to cover the cost of goods ordered. GorillaBuilderz accepts no responsibility for any omissions or errors. We reserve the right to change any or all information that relates to listing products or services at any time. It is illegal to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information will be subject to prosecution under the full extent of the law. All purchases made will come under the Terms and Conditions that were applicable at the
time the order is placed.
GorillaBuilderz reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “you”) should visit this page periodically to know the changes if any, before placing the orders. Any changes are effective upon posting to this Site, and supersede any previous Terms and Conditions. Your use of the site after modified terms are posted, indicates your acceptance of the modified Terms.
Payment: When a Buyer purchases a product, Buyer should have/deposit the required amount of money in its account with GorillaBuilderz. The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of GorillaBuilderz in delivering any part of the goods) on satisfactory delivery of the ordered product by the Seller. At the sole discretion of GorillaBuilderz can put the Customer account credit on hold and suspend the supply of goods and services.
Title of Goods: GorillaBuilderz warrants that it has good title to all products it sells. The goods shall remain the sole and absolute property of GorillaBuilderz as legal and equitable owner and the Customer shall hold such goods as bailee only, until such time as the Customer shall have paid the full price. The Customer shall be liable to GorillaBuilderz in respect of any loss or damage to the goods during such bailment.
Return Policy: If a product is found to be defective/ faulty, GorillaBuilderz will gladly refund the money or replace the product or credit goods returned within a 7 day period from the time of purchase provided the goods are in original condition, original packaging, current version and not a special order, hardware, peripheral or clearance item.
Disclaimer/ Warranty: GORILLABUILDERZ SERVICE/ PRODUCT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, PERFORMANCE, COMPATIBILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COPYRIGHT, ACCURACY USER CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE. GORILLABUILDERZ SERVICES ARE INTENDED TO BE USED TO FACILITATE THE PRODUCT PURCHASE. GORILLABUILDERZ MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IF AN ERROR IS MADE OR A PRODUCT IS LISTED AT AN INCORRECT PRICE, GORILLABUILDERZ SHALL MAINTAIN THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED. IF THE ORDER HAS BEEN CONFIRMED AND CHARGED TO YOUR CREDIT CARD, GORILLABUILDERZ SHALL IMMEDIATELY ISSUE A REFUND.
GORILLABUILDERZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL GORILLABUILDERZ BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR INABILITY TO USE THE SITE; INFRINGEMENT OF COPYRIGHTS BY USER CONTENTS POSTED IN THE SITE OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GORILLABUILDERZ SITE.
GORILLABUILDERZ FURTHER DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. GORILLABUILDERZ MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. GORILLABUILDERZ MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GORILLABUILDERZ AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The Services provided by GorillaBuilderz are Internet-based. You acknowledge and agree that GorillaBuilderz cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although GorillaBuilderz will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
GorillaBuilderz reserves the right to deny Users access to the Services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. GorillaBuilderz shall use commercially reasonably efforts to notify Users of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
Additional Product Warranty Information: All products sold by GorillaBuilderz are covered by 90 days manufacturers’ warranty that accompanies the product unless otherwise stated. GorillaBuilderz passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. GorillaBuilderz makes no additional or independent warranty. In case of malfunctioning or damaged products customer will observe the following RMA procedure: 1) Customer has 90 days manufacturer’s warranty from time of possession of Products. 2) If customer reports that a GorillaBuilderz product is not working properly, customer will collect all relevant information about the malfunction and share this information with GorillaBuilderz’ technical support team. 3) Based on information provided by customer, GorillaBuilderz shall determine whether the Product(s) can be repaired and whether it can be repaired under warranty. 4) If the Product(s) can be repaired under warranty, and this cannot be done remotely, GorillaBuilderz will provide customer with an RMA number and ask the customer to ship back the malfunctioning item(s) for repair or replacement. 5) Customer must send back all the malfunctioning units with the RMA number(s) clearly visible on the packaging. Packages without visible RMA numbers on the packaging will not be accepted. 6) After examining and testing the returned item(s) GorillaBuilderz will either repair or replace the item(s) to customer at its cost and earliest convenience, but no longer than 30 days after receiving the package.
Limitations of Liability: You expressly understand and agree that GorillaBuilderz shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages. Subject to any applicable Commonwealth or State Legislation, GorillaBuilderz’s liability for any such breach shall be limited, at its sole discretion, to any of the following: Replacement of the goods or any part thereof; Supply of equivalent goods or any part thereof; Repair of the goods or any part thereof; Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof; The payment of the cost of having the goods or any part thereof repaired; or Refund of the goods upon return. The maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Indemnification: YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO INDEMNIFY AND HOLD GORILLABUILDERZ, ITS BOARD OF DIRECTORS, OFFICERS, EMPLOYEES (COLLECTIVELY AND INDIVIDUALLY) HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES AND LIABILITIES, WHICH ARISE OUT OF OR IN ANY MANNER RELATED TO (I) CUSTOMERS’ FAILURE OF PERFORMANCE HEREUNDER; (B) ACTS OR OMISSIONS BY USER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (C) INTENTIONAL OR NEGLIGENT VIOLATIONS BY USER OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION. ADDITIONALLY, IN NO EVENT SHALL GORILLABUILDERZ BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY GORILLABUILDERZ, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF GORILLABUILDERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GORILLABUILDERZ SHALL HAVE NO LIABILITY FOR INFRINGEMENT CLAIMS OF ANY KIND ARISING FROM: (I) MODIFICATIONS OF THESE GORILLABUILDERZ PRODUCTS OTHER THAN BY GORILLABUILDERZ; (II) USE OF THESE PRODUCTS IN COMBINATION WITH NON-GORILLABUILDERZ SOFTWARE OR HARDWARE IF A CLAIM WOULD NOT HAVE OCCURRED BUT FOR THAT COMBINATION; (III) FAILURE TO USE UPDATED OR MODIFIED VERSIONS OF THESE PRODUCTS PROVIDED BY GORILLABUILDERZ TO AVOID INFRINGEMENT. USE OF GORILLABUILDERZ’ DEVICES IN LIFE SUPPORT AND/OR SAFETY APPLICATIONS IS ENTIRELY AT THE CUSTOMERS RISK, AND THE CUSOTMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GORILLABUILDERZ FROM ANY AND ALL DAMAGES, CLAIMS, SUITS, OR EXPENSES RESULTING FROM SUCH USE. NO LICENSES ARE CONVEYED, IMPLICITLY OR OTHERWISE, UNDER ANY GORILLABUILDERZ INTELLECTUAL PROPERTY RIGHTS.
Severability: In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
Waiver: The failure of GorillaBuilderz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement: The Terms of Service constitutes the entire agreement between you and GorillaBuilderz and govern your use of the Service, superseding any prior agreements between you and GorillaBuilderz (including, but not limited to,
any prior versions of the Terms of Service).
Governing Law: This Agreement shall be deemed to be negotiated and executed in Sydney, New South Wales, Australia, and shall be governed by the substantive laws of the State of New South Wales and the Commonwealth of Australia.
All sales are made from the State of Victoria, Australia. All sales shall be deemed made in the state of Victoria, Australia regardless of the location of the Customer. The Customer agrees that any dispute with GorillaBuilderz shall be brought by the Customer exclusively in the state or federal courts situated in the State of Victoria, Australia.
Force Majeure: Neither party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes; strikes; lockouts; shortages of or an inability to obtain qualified labor, energy, raw material or finished supplies; war; riot; acts of God or the public enemy; and governmental actions.
Assignment: You may not assign this Agreement, to any third party, without GorillaBuilderz’s prior written consent. Any assignment or transfer these Terms, without such consent, will make the assignment/transfer null and void. GorillaBuilderz may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed Services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed by express mail, Government mail service, or sent by recognized courier service to the address mentioned in the website in case of GorillaBuilderz and to the address provided by the user at the time of registration.
Contact: If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to email@example.com. You can also contact us by using the contact details below:
Tel: +61 3 8683 8454