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Terms & Conditions

1. About the Website

1.1. Welcome to (‘Website’). The Website provides account holders and the general public with an opportunity to browse, and account holders the opportunity to purchase various products that have been listed for sale through the Website (‘the Products’). The Website, via account registration at the discretion of Tacspo, provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by Tacspo (ABN 24 690 059 561). Access to and use of the Website, or any of its associated Products or Services, is provided by Tacspo. Please read these terms and conditions (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. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. Tacspo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tacspo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.



2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tacspo in the user interface.



3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first be an active account holder with Tacspo. To do so, contact Tacspo via direct email, phone or through the ‘Contact Us’ section. Online account registration will not be granted to the general public unless you are a shop owner/manager and a Tacspo account is created. If you are a member of the general public and require assistance regarding a product and/or would like information on an associated retailer, please contact Tacspo via the ‘Contact Us’ section, or visit the store locator on this website.
3.2 An online account will be activated by Tacspo on your behalf and the login details will be provided to you via your chosen contact avenue. Online account registration is at the discretion of Tacspo. Once the registration process has been completed, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted access to the Purchase Services – please note pricing can take up to 48 hours to appear after registration.
3.3 You may not use the Purchase Services and may not accept the Terms if:
   (a) you do not have an authorised account with Tacspo;
   (b) you are not of legal age to form a binding contract with Tacspo; or
   (c) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.



4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
   (a) the Terms;
   (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
   (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in immediate cancellation of the Purchase Services;
   (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Tacspo of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purpose of Tacspo providing the Purchase Services;
   (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collection of email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   (g) you agree that commercial advertisements, affiliate links, and forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Tacspo for any illegal or unauthorised use of the Website; and
   (h) you acknowledge and agree that any automated use of the Website or its Product Services is prohibited.



5. Purchase of Products and Returns Policy

5.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’) as per the agreed upon payment terms.
5.2 Payment of the Purchase Price may be made through Direct Deposit or Credit Card payment by phone (the ‘Payment Gate way Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment Gateway Providers.
5.3 Following an order being placed, you will receive an email order confirmation including the total Purchase Price. Please note that the order confirmation Purchase Price does not include any relevant sale discounts, account credit notes or relevant settlement discounts applicable to your account. Each order is subject to a $6 processing fee.
5.4 Payment of your order is strictly within the account terms and you acknowledge and agree that you are liable for any postage, shipping or restocking costs associated with the recouping of goods pursuant to this clause.
5.6 Tacspo may, at their sole discretion, provide a refund of the return of Products for change of mind within 7 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant in this clause.



6. Warranty

6.1 Tacspo’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
6.2 You may make a claim under this clause (the “Warranty Claim”) for material defects and workmanship in the Products with in a reasonable timeframe which is at the discretion of Tacspo, unless the product manufacturer states a Warranty Period including, but not limited to:
   (a) lifetime warranty
   (b) limited lifetime warranty
   (c) a specified timeframe
6.3 In order to make a warranty claim during the warranty period, you must provide proof of purchase to Tacspo or specify an approximate timeframe of purchase so Tacspo is able to retrieve the invoice associated with the original purchase. All warranties must be returned to Head Office via post or held for collection by the Tacspo area manager. You acknowledge and agree that you are liable for any postage and shipping costs associated with any Warranty pursuant in this clause.
6.4 Where the Warranty Claim is accepted, Tacspo, at its sole discretion, will either replace or repair any defective Products or part thereof upon inspection of the item with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour, with the exception of St Croix rod expeditor claims which incurs a $75 charge.
6.5 The Warranty shall be the sole and exclusive warranty granted by Tacspo and shall be the sole and exclusive remedy available to you in addition to other rights and under a law relation to the Products to with this warranty relates.
6.6 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty period.
6.7 The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been altered or modified in design or construction.



7. Delivery

7.1 You acknowledge that the Purchase Services offered by Tacspo integrate delivery (the ‘Delivery Service’) through the use of third-party delivery companies (the ‘Delivery Service Providers’)
7.2 In providing the Purchase Services, Tacspo may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Services Providers. You acknowledge and agree that Tacspo is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3 In the event that an item is lost or damaged in the course of the Delivery Services, Tacspo asks that you contact them by sending an email to outlining in what way the Products were damaged in transit with photos so that they may contact the Delivery Service Provider directly to request a refund or claim on any insurance options available and determine whether the Delivery Service Provider should be removed from the Purchase Services.
7.4 For replacement or refund of damaged items, please refer to the Returns and Warranty policies previously outlined.



8. Copyright and Intellectual Property

8.1 The Website, the Purchase Services and all of the related products of Tacspo 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 site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Tacspo or its contributors.
8.2 Tacspo retains all rights, titles and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
   (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copy right of Tacspo; or
   (b) the right to use or exploit a business name, trading name, domain name, trade mark name or industrial design;
   (c) a system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a system or process).
8.3 You may not, without the prior written permission of Tacspo and the permission of any other relevant rights owners: broadcast, republish, upload to third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.



9. Privacy

Tacspo takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Tacspo’s Privacy Policy, which is available on the Website.



10. General Disclaimer

10.1. You acknowledge that Tacspo does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.
10.2 Tacspo will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that size, colours and packaging may differ from what is displayed on the Website.
10.3 Nothing in their Terms limits or excludes 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.
10.4 Subject to this clause, and to the extent permitted by law:
   (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   (b) Tacspo 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 applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.5 Use of the Website, the Purchase Services, and any of the products of Tacspo (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Tacspo, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tacspo including any third party where the Delivery Services are made available to you, make any express or implied representation or warranty about its Content or any products
or Purchase Services (including the products or Purchase Services of Tacspo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   (a) 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;
   (b) the accuracy, suitability or currency of any information on the Website, the Purchase Services, or any of its Content related products (including third party material and advertisements on the Website);
   (c) costs incurred as a result of you using the Website, the Purchase Services, or any of the Products;
   (d) the Content or operation in respect to links which are provided for the User’s convenience;
   (e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
   (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.



11. Limitation of liability

11.1. Tacspo’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the Total liability of Tacspo is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Tacspo, 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.
11.3. Tacspo is not responsible or liable in any manner for any site content (including the content and third-party content) post ed on the website or in connection with the Purchase Services, whether posted or caused by users of the website of Tacspo, by third parties or by any of the Purchase Services offered by Tacspo.
11.4. You acknowledge and agree that Tacspo does not provide the Delivery Services to you and you agree that Tacspo will not be liable to you for any special indirect or consequential loss or damage, loss of profit or opportunity, or damage to good will arising out of or in connection with the Delivery Services.



12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by Tacspo as set out below.
12.2. If you want to terminate the terms, you may do so by:
   (a) Notifying Tacspo at any time; and
   (b) Closing your accounts for all of the Purchase Services which you use where Tacspo has made this option available to you.
12.3. Your notice should be sent, in writing, to Tacspo via the ‘Contact Us’ link on our homepage or by contacting Head office.
12.4. Tacspo may at any time, terminate the Terms with you if:
   (a) have breached any provision of the Terms or intent to breach any provision;
   (b) Tacspo is required to do so by law;
   (c) the partner with whom Tacspo offered the Purchase Services to you has terminated its transport relationship with Tacspo or ceased to offer the Purchase Services to you;
   (d) Tacspo is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
   (e) the provision of the Purchase Services to you by Tacspo is, in the opinion of Tacspo, no longer commercially viable.
12.5 Subject to local applicable laws, Tacspo reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tacspo’s name or reputation or violates the rights of those of another party.
12.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tacspo have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.



13. Indemnity

13.1. You agree to indemnify Tacspo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
   (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
   (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
   (c) any breach of the Terms.



14. Dispute Resolution

14.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
   (a) within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   (b) if for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Dispute Resolution Branch or his or her nominee;
   (c) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   (d) the mediation will be held in Brisbane, Australia.
14.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation: If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.



15. Venue and Jurisdiction

The Purchase Services offered by Tacspo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for  resolving any dispute shall be in the courts of Queensland, Australia.



16. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.



17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.



18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.