Ts & Cs

PRIVACY POLICY

CalOffroad knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. By visiting CalOffroad you are accepting the practices described in this Privacy Notice.

What Personal Information About Customers Does CalOffroad gather?

The information we learn from customers helps us personalise and continually improve your shopping experience at CalOffroad. Here are the types of information we gather.

Information You Give Us:

We receive and store any information you enter on our web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future shopping for you, improving our store, and communicating with you.

Automatic Information:

We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your web browser accesses CalOffroad. Scroll to the bottom of this page to see examples of the information we receive. A number of companies offer utilities designed to help you visit web sites anonymously. Although we will not be able to provide you with a personalised experience at CalOffroad if we cannot recognise you, we want you to be aware that these tools exist.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and to provide features such as Automatic Login and permanent Shopping Carts for storage of items in your Shopping Cart between visits. If you would like to know more, the "Help" section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies do allow you to take full advantage of some of CalOffRoad's best features, and we recommend that you leave them turned on.

E-mail Communications:

To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from CalOffroad if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your account to reflect this by selecting "Unsubscribe" in the Newsletter menu.

Does CalOffroad Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only with the subsidiaries CalOffroad controls and as described below.

Affiliated Businesses We Do Not Control:

We work closely with our affiliated businesses. In some cases, these businesses operate stores at CalOffroad or sell offerings to you at Fox Shox Australia. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when another business is involved in your transactions, and we share customer information related to those transactions with that business.

Agents:

We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing Credit Card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Protection of CalOffroad and Others:

We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of CalOffroad, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

With Your Consent:

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

What Choices Do I Have?

As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such CalOffroad features as Automatic Login, and permanent Shopping Carts. You can add or update certain information on pages such as those listed in the My Account pages. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us, please adjust your account to reflect this in the Newsletter menu.

Children

CalOffroad does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use CalOffroad only with involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit CalOffroad online store , your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of Australia. If you have any concern about privacy at CalOffroad, please send us a thorough description to caloffroad email in contact section, and we will try to resolve it. Our business changes constantly. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see recent changes.

Information You Give Us

You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order; provide information in Your Account (and you might have more than one if you have used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; by providing employer, school, or other such information; participate in Discussion Boards; or provide and rate Reviews. As a result of those actions, you might supply us with such information as your name, address, and phone number; people to whom purchases have been shipped, including address and phone number; other people; content of reviews and e-mails to us; and financial information.

Automatic Information

Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for.

 

CONDITIONS OF USE

CalOffRoad and its affiliates provide their services to you subject to the following conditions. If you visit or shop at CalOffRoad, you accept these conditions. Please read them carefully. In addition, when you use any current or future CalOffRoad service or visit or purchase from any business affiliated with CalOffRoad, whether or not included in the CalOffRoad Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit CalOffRoad or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CalOffRoad or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of CalOffRoad and protected by international copyright laws. All software used on this site is the property of CalOffRoad or its software suppliers and protected by international copyright laws.

LICENSE AND SITE ACCESS

CalOffRoad grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CalOffRoad. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CalOffRoad. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CalOffRoad and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CalOffRoad's name or trademarks without the express written consent of CalOffRoad. Any unauthorised use terminates the permission or license granted by CalOffRoad. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CalOffRoad so long as the link does not portray CalOffRoad, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CalOffRoad logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CalOffRoad does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use CalOffRoad only with involvement of a parent or guardian. CalOffRoad and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. CalOffRoad reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant CalOffRoad and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CalOffRoad and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CalOffRoad or its affiliates for all claims resulting from content you supply. CalOffRoad has the right but not the obligation to monitor and edit or remove any activity or content. CalOffRoad takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

CalOffRoad and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

RISK OF LOSS

All items purchased from CalOffRoad are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

CalOffRoad and its affiliates attempt to be as accurate as possible. However, CalOffRoad does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CalOffRoad itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than CalOffRoad and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. CalOffRoad does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY CALOFFROAD ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALOFFROAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALOFFROAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALOFFROAD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CALOFFROAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALOFFROAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting CalOffRoad, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CalOffRoad or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to CalOffRoad or to products you purchase through CalOffRoad shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate CalOffRoad's intellectual property rights, CalOffRoad may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to CalOffRoad. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.