Terms & Conditions
1 User Agreement
1.1 Welcome to the Rover® website (“Website”), which is maintained and operated by MTD Products Australia Pty Ltd, ABN 96 004 873 572 including its affiliates, subsidiaries and/or parent companies (collectively referred to herein as “Rover”, “we”, “us”, or “our”).
1.2 This page states the terms and conditions under which you may access and use the Website (“Website Terms and Conditions”). PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. By continuing to access or use the Website, you accept and agree to be bound by the Website Terms and Conditions. If you do not accept the Website Terms and Conditions, then please do not access or use the Website.
1.3 We may at any time vary, revise, add, amend, modify, or delete any part of these Website Terms and Condition by publishing the revised terms and conditions on the Website without prior notice. You accept that by doing this, we have provided you with sufficient notice of the variation. Your continued use of the Website after the changes constitutes your acceptance of the variations. We will make reasonable efforts to bring any changes to the attention of users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the Website.
1.4 These Website Terms and Conditions are in no way limited or altered by any other terms or conditions on the Website or any other agreement you may have with us for goods, services or otherwise.
2 Registration and User Requirements
2.1 You must be registered to place orders and access some features of the Website.
2.2 To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
2.3 If you register for an account on the Website [or place an order for goods that are advertised on the Website], you must:
(1) provide accurate, current and complete information as required;
(2) maintain the security of your login details and password (if applicable);
(3) maintain and update any information provided as necessary; and
(4) retain a copy of any receipt or order confirmation provided in connection with an order for goods.
2.4 You are solely responsible for the activity that occurs on your account (including orders placed using your account). We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
2.5 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time by following the “unsubscribe” link contained in each communication. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
3 Access and use of the Website
3.1 You must only use the Website through the interfaces provided by us and in accordance with these Website Terms and Conditions and any applicable laws.
3.2 You must not (or attempt to):
(1) use the Website in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;
(2) interfere or disrupt the Website or the servers or networks that host the Website;
(3) use data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
(4) disrupt, interfere with, reverse engineer or compromise the security of, the Website or any software or hardware connected to or used to provide the Website;
(5) restrict, inhibit or interfere with any other’s use or enjoyment of the Website; or
(6) use, copy or distribute content from the Website without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Website.
3.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any Linked Website.
5 Information on this Website
5.1 Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
7.1 During your use of the Website, we may issue and request cookies to and from your computer or mobile device. By using the Website you authorise us to issue and request such cookies.
8 Disclaimer and Limitation of Liability in relation to Website
8.1 To the fullest extent possible at law, we exclude all liability (other than liability arising due to our gross negligence or wilful misconduct) to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(1) errors, mistakes or inaccuracies on the Website;
(2) you acting, or not acting, on any information contained in or referred to on the Website and/or on any Linked Website;
(3) personal injury or property damage of any nature resulting from your access to or use of the Website;
(4) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(5) any interruption or cessation of transmission to or from the Website;
(6) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(7) the quality of any good or service of any Linked Website.
8.2 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or these Website Terms and Conditions (however arising, including negligence) other than loss or damage arising due to gross negligence or wilful misconduct on the part of Rover. You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
8.3 We do not warrant, endorse, guarantee or assume responsibility for any goods or services advertised or offered by any Linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party sellers of goods and services.
8.4 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the extent permitted by law.
8.5 We make no representation that the content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
9.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs (on a solicitor and own client basis) and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your breach of these terms and conditions, your use or access of the Website or any violation of any applicable law or these terms and conditions.
10 Placing Orders
10.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
10.2 The promotion of goods or services on the Website, and any information provided on the Website including information in relation to the goods (including prices), does not constitute an offer to sell. It is an invitation to treat only.
10.3 All orders for goods must be made in accordance with the procedure specified on the Website. By placing an order using the Website, you are offering to purchase goods under the terms and conditions set out in these Website Terms and Conditions, at the price specified at the time of checkout (including delivery, any tax and other charges).
10.4 Goods sold by us are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.
10.5 At any time, we may, in our absolute discretion, reject or cancel any order for any reason, including the unavailability of goods, an error in the price or the description of the goods on the Website, an error in an order placed by you, or where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped). In such case, we may refund you any amounts that you have paid for the cancelled order.
10.6 We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
10.7 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in these Website Terms and Conditions . Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
10.8 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
10.9 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.
11 Price, Payment and Use of Discount/Coupon Codes
11.1 The prices of goods, delivery and other charges shown are in Australian dollars and include GST where applicable.
11.2 We reserve the right to vary the prices specified on the Website without prior notice.
11.3 All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
11.4 All payments must be made through the mechanism specified on the Website. Where payments are processed using a platform operated by a third party, you must comply with the terms and conditions relating to the operation of the platform which will be notified to you separately.
11.5 A discount code is only valid for a single transaction and may not be used in conjunction with any other discounts.
12 Shipping and Delivery
12.1 Subject to these terms and conditions, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
12.2 We will use our reasonable endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express shipping).
12.3 Standard and express shipping are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be clearly displayed at checkout and prior to you finalising your purchase.
12.4 Express shipping is available only in certain areas and for certain orders. Your order eligibility will be confirmed at checkout.
12.5 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable for:
(1) late delivery where attempted delivery has occurred on or before the delivery time-frames; or
(2) a parcel has been signed for and delivery has occurred (regardless of whether or not you have personally accepted delivery).
12.6 We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
13 Packaging and Labelling
13.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, the packaging and labelling of goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
14 Change of Mind Returns
14.1 We cannot refund or exchange goods for change of mind or errors you made in your order.
14.2 We may, at our sole discretion, allow a return for change of mind on a case-by-case basis, provided that the item in question is:
(1) returned within 28 days of order;
(2) not used (with original packaging); and
(3) not damaged in any way.
14.3 If we allow a return in these circumstances, we will ask you to follow our returns process, as detailed below in section 16.
14.4 If we agree to accept a return due to you changing your mind, you are responsible for payment of return postage on your order. Remedies for defective goods are still available.
14.5 A restocking and returns handling fee of $25.00 or 20% of the goods’ purchase price (whichever is the appropriate amount to compensate Rover for the cost it incurs processing the return) will apply to returns accepted under this clause.
15 Defective Goods
15.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
15.2 To the fullest extent permitted by law, our liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at our option, to:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of such goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of the cost of having the goods repaired.
15.3 Any product warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law.
16 Problems with your goods – contacting us
16.1 If you have a problem with your goods, please contact us online or contact our customer service team on 1300 951 954. We will investigate your concern and advise you whether your goods may be returned and, where required, provide you with instructions on how to return your goods.
16.2 Item's that are not in their original saleable condition (not in original packaging and/or have been fueled and used), will need to be taken to a third party Rover dealer for mechanical assessment and/or repair. Where applicable we will provide a remedy in relation to your goods.
16.3 If we do not believe a remedy is applicable upon inspecting your goods at your local Rover dealer (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. Subject to any applicable laws, you must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
16.4 Refunds will be issued using the payment method used for purchase.
16.5 We aim to process refunds and replacements within 28 days of receipt by us of the original goods, however, depending on your item and the number of returns in our system, this may take longer.
17.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website, or other like application or site that allows for the publication of user generated material, is the sole responsibility of the person from whom such Content originated.
17.2 You understand that we do not control and are not responsible for Content made available through the Website unless it originates from us. Consequently, by using the Website you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
17.3 By using this Website, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post or allow Content to be posted through your account that:
(1) you do not have the right to post;
(2) is defamatory or in contempt of any legal or other proceedings;
(3) is misleading or deceptive;
(4) is offensive or discriminates against any group of persons;
(5) denounces religious or political beliefs;
(6) contains religious or political material;
(7) is indecent, obscene, vulgar, pornographic or offensive;
(8) infringes any copyright, trade mark, patent or other intellectual property right of another person;
(9) contains any unsolicited or unauthorised advertising or promotional material;
(10) contains or links to viruses, malware, spyware or similar software; or
(11) impersonates any person or misrepresents your relationship with any person.
17.4 We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any Content from the Website without giving any reasons.
17.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your content from public display.
18 Intellectual Property
18.1 The content of the Website, including all information, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is, and remains at all times, either owned, controlled, or licensed to Rover, and is protected by Australian and international copyright, patent and trade mark laws. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in these terms and conditions gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
18.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
18.3 You must not:
(1) modify, or copy the layout or appearance of the Website or any computer software or code contained in the Website; or
(2) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website; or
(3) otherwise, modify, copy, transmit or adapt the contents of the Website or the Website itself or otherwise infringe the intellectual property of Rover, its licensors or third parties who have contributed to the Website.
18.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, publish, reproduce, copy, display, modify and distribute the content of your correspondence or communication for any purpose and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide. You warrant that you own the intellectual property rights in any content you post on the Website and that it does not infringe any third party’s intellectual property rights. If this warranty is not true, then you indemnify Rover against any loss which it may suffer as a result.
19 Transfer and Assignment
19.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(1) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(2) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
19.2 You may not assign or transfer your rights or benefits under these Website Terms and Conditions to any other person or entity without our prior written consent.
20.1 We will not be liable for any delay in performing any of our obligations under these Website Terms and Conditions if such delay is caused by circumstances beyond our reasonable control.
20.2 By using the Website, you agree that any claim or dispute arising in connection with these Website Terms and Conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of Victoria and under the exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
20.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
20.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
Last updated: August 2017