RAY'S OUTDOORS PTY LTD
ONLINE TERMS AND CONDITIONS

  1. General:
    1. This website at www.rays.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Ray’s Outdoors Pty Ltd ACN 142 927 642 (thereinafter “Rays”, “us” or “we”).
    2. Please read these Terms and Conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
    3. Your access to and use of the Site, including your order of products through the Site, is subject to these Terms and Conditions.
  2. Disclaimer:
    1. The information contained in this Site is provided in good faith on an "as is" basis. Rays does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Rays is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, we will endeavour to correct any inaccuracies on the Site once we become aware of them.
    2. Illustrations and photos contained in this Site are sample representation of the products advertised, and variations may occur from time to time and from store to store.
  3. Links:
    The Site may contain links to external websites that are not operated by us or our related bodies corporate. Rays does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
    1. we make no representations or warranties, or have any responsibility or liability for those websites;
    2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
    3. you access and use the products and services made available at those sites solely at your own risk.
  4. Intellectual Property:
    1. You:
      1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
      2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a material without our prior written consent; and
      3. must not frame or embed in another website any of the Material appearing on this Site without our prior written consent.
    2. You may:
      1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and materials; and
      2. print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
    3. This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
  5. Viruses:
    1. Rays does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
    2. You are responsible for scanning any information for viruses.
    3. You agree that Rays has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
    4. If Rays is found to be liable this will be limited to the cost of supplying the information again.
  6. Compliance with these Terms and Conditions:
    1. You agree to bound by, and comply with, these Terms and Conditions by:
    2. using the Site;
    3. completing your registration through the Site; and/or
    4. obtaining or ordering products from us using the Site.
  7. Changes to these Terms and Conditions:
    1. If you have an order that has been accepted by us, the Terms and Conditions that will apply to that order are the Terms and Conditions that applied at the time you placed your order. We cannot vary the Terms and Conditions which apply to a given order after that order is accepted by us.
    2. Subject to clause 7.1, we may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions.
  8. Registration:
    1. You may complete the customer registration process through the Site before placing an order for products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.
    2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
    3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
  9. Placing an order for products:
    1. You may order products by selecting and submitting your order through the Site in accordance with these Terms and Conditions.
    2. Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
    3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
    4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
  10. Acceptance or Rejection of an Order:
    1. We reserve the right to accept or reject your order for any reason; including (without limitation) if the requested product is not available, if there is an error in the price or the product description posted on the Site or in your order.
    2. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these Terms and Conditions.
    3. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
  11. Cancelling an Order by Us:
    1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
    2. the requested products in that order are not available; or
    3. there is an error in the price or the product description posted on the Site in relation to the relevant product in that order; or
    4. that order has been placed in breach of these Terms and Conditions.
    5. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these Terms and Conditions.
  12. Cancelling an Order by You:
    1. Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
    2. If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
  13. Delivery of Products:
    1. Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.
  14. Prices, Fees and Charges:
    1. Prices:
      1. The prices of products and delivery and other charges displayed on this Site are current at the time of issue, however, Rays reserves the right to change prices at any time before we accept an order from you.
      2. All prices shown on this Site are in Australian Dollars (AUD).
      3. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
        1. the purchase price of each product that is ordered;
        2. the delivery fee for delivering the products to you; and
        3. any other fees and charges set out in these Terms and Conditions.
      4. All fees and charges identified in these Terms and Conditions and all prices for the products as shown on the Site are inclusive of GST (unless otherwise indicated).
    2. Price:
      1. The purchase price of each product is shown on the product list on the Site at the time you place your order. The purchase price of a product on the Site may not be the same or correspond to the prices in any of our stores for the same product.
      2. You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through the Site at our store or vice versa.
    3. Delivery Fees:
      1. Delivery fees are payable in addition to the purchase price of each product. A number of different delivery methods may be used depending on the type of order.
      2. If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
      3. Rays currently ships orders to Australian addresses only.
      4. You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
        1. special orders, non-stock and/or bespoke items;
        2. heavy, bulky and/or awkward items;
        3. express or urgent deliveries; or
        4. bulk or large quantity orders.
  15. Your Obligations:

    You covenant and warrant that:

    1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
    2. the person receiving the products at the delivery address is authorised by you to do so;
    3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
    4. you will ensure that your Username and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
    5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Username and password or account, or any other security breach relating to your account;
    6. you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
    7. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
    8. you are responsible and liable for any person that uses your Username and password to order product(s) through the Site;
    9. you agree that we may charge you for all products that we agree to supply to you that have been ordered using your Username and password through the Site;
    10. you will check the labels on the products before consumption or use; and
    11. you will not:
      1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
      2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
      3. make fraudulent or speculative enquiries, purchases or requests through the Site;
      4. use another person’s details without their permission or impersonate another person when using the Site;
      5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
      6. tamper with or hinder the operation of the Site;
      7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
      8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
      9. modify, adapt, translate or reverse engineer any portion of the Site;
      10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
      11. reformat or frame any portion of the web pages that are part of the Site;
      12. create accounts by automated means or under false or fraudulent pretences;
      13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
      14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
      15. use the Site other than in accordance with these Terms and Conditions; or
      16. attempt any of the above acts or engage or permit another person to do any of the above acts.
  16. Warranty and Liability:
    1. Rays accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
      1. in the case of services, resupply of the services or pay you the cost of resupply; and
      2. in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
    2. Where we are permitted by law (and subject to clause 16.1):
    3. we do not warrant or represent the suitability of the Site or a product for any purpose; and
    4. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the product.
    5. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  17. Returns:
    1. Unless you notify us to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any products and such notification is confirmed in writing within seven (7) days of its receipt by us, the products shall be deemed to have been accepted by you.
    2. Rays will accept product returns and provide you with (at Rays discretion) a replacement for the product (subject to availability) an exchange voucher, refund or repair where:
      1. The product delivered is faulty or is not of merchantable quality, or
      2. The product delivered is not fit for its intended purpose, or
      3. The Product delivered does not match the description on the Site.
    3. If the product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on 1800 641 867 (within Australia) or email raysoutdoorsmailordercentre@raysoutdoors.com.au and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with:
      1. the order number, invoice number or receipt number;
      2. a detailed description of the problem or the reason for your request to the return the product;
      3. photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to);
      4. your name and contact details.
    4. We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
  18. Termination and/or Suspension of Account:
    1. We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these Terms and Conditions and:
    2. the breach cannot be remedied; or
    3. you fail to remedy the breach within 10 days of our notice to you of that breach; or
    4. if there is an emergency.
  19. You may stop using the Site at any time and for any reason.
  20. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered is no longer available or we are prevented from supplying the products, in which case, we will notify you and valid payments will be returned in accordance with these Terms and Conditions.

Do-It-Yourself and How-To Content:

  1. You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
  2. You agree not to attempt to replicate any activities shown on this Site unless you have:
  3. checked the service information and specification for the specific product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;
  4. obtained advice from the relevant qualified experts, tradespeople and/or professionals;
  5. complied with all applicable laws, regulations and by-laws; and
  6. employed safe practices for carrying out the activities.
  7. The film and text transcript in this website are intended to be an information source only. Ray's Outdoors Pty Ltd makes no statements, representations or warranties about the accuracy or completeness of the films.
  8. Subject to applicable laws, Ray's Outdoors Pty Ltd does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
  9. The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.

General Provisions:

  1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
  2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Privacy Policy and Your Personal Information

Refer to the Privacy Policy, which form part of these Terms and Conditions.

Definitions:

  1. Capitalised terms used are defined in these terms and conditions. In these terms:
  2. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
  3. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
  4. “Username” means the email address or Username that you provided to us as part of the registration process to use the Site.
  5. “Product’ means each good or service that is advertised on the Site.
 

Rays Rewards Membership
Terms and Conditions

We are excited to let you know Rays will become Macpac in early 2019. Your Membership will be automatically transferred to Macpac Club without you having to lift a finger to ensure you continue to get all of the great Membership Benefits. Once transferred, you agree that the Macpac Terms and Conditions and Privacy Policy will apply. From signing up until transition, these Rays Rewards Membership Terms and Conditions, and Privacy Policy will apply.

  1. In these Terms and Conditions:
    1. “Card” means a Membership card issued pursuant to this Program;
    2. “Loyalty Credit” means the electronic credits applied to a Member’s Membership account by Ray’s Outdoors Pty Ltd (hereinafter "Rays") which can be redeemed by the Member as payment for purchase with Rays in accordance with these Terms and Conditions;
    3. “Member” means an individual who is an Australian resident whose application to take part in the Program is accepted and approved in writing by Rays;
    4. “Membership” means membership in this Program.
    5. “Program” means the Rays Rewards Program operated pursuant to these Terms and Conditions by Rays;
    6. “Rays” means Ray’s Outdoors Pty Ltd ACN 142 927 642 of 751 Gympie Road, Lawnton, QLD, 4501, Australia.
    7. “Website” means www.raysoutdoors.com.au/raysrewards or such other website as notified by Rays from time to time.
    8. “Rays Contact Point” means the Rays Customer Care Centre, telephone 1800 641 867 (within Australia), located at 751 Gympie Road, Lawnton, QLD, 4501, Australia.
  2. By joining or using the Program, each Member accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time to these Terms and Conditions by Rays.
  3. Rays may change these Terms and Conditions at any time by publishing the amended terms on the Website or otherwise notifying the Member of the change. The amended Terms and Conditions are effective in 91 days from the date they are notified to the Member. It is the Member’s responsibility to check the Website and their emails for changes from time to time and before using the card.
  4. Notwithstanding any other provision in these Terms and Conditions, Rays may terminate, suspend, deactivate and/or archive your membership if you have not transacted with or used your card for any 24 month period. Rays do not warrant that your Membership details will be kept and/or can be retrieved in the event that your Membership is terminated, suspended, deactivated and/or archived pursuant to this clause. However, you may be eligible to reapply for a new membership, subject to the Terms and Conditions of the Program at the applicable time.
  5. Rays gives no warranty as to the continuing availability of the Program or the associated Loyalty Credits. Rays may, in its absolute discretion, at any time cancel or suspend the Program in whole (or in part) upon reasonable notice of not less than 91 days to the Member.
  6. Membership in the Program is only open to individuals who reside in Australia and is subject to acceptance and approval of application by Rays. Memberships are only established on receipt, acceptance and approval of original application of the Member by Rays. Rays may refuse any application at its absolute discretion.
  7. Each card shall remain the property of Rays. The card is not a credit or a payment card. The card can only be used in Rays stores in Australia and on the Website only. Any lost card may at the discretion of Rays be replaced. A Member must notify us immediately if their card is stolen or lost. Rays is not liable for any delay in replacing a card.
  8. The Member is responsible for the safe keeping of their card, and Rays will not be liable for any unauthorized use of a card. The Member shall be responsible and liable for any use of the card by anyone other than that Member. The Member will be responsible to contact the Rays Contact Point if they discover any unauthorized activity.
  9. The Member’s card can only be used by the Member and is not transferable. The Member’s card can only be used on presentation to Rays and must be accompanied with adequate personal identification as determined by Rays (at its sole discretion).
  10. Rays shall determine the Membership entitlements at its sole discretion which may include (without limitation) communication from Rays, information in relation to the Program, the Loyalty Credit Program, receipt-free warranty, exclusive Rewards Member competitions, regular email updates including catalogue previews and special promotional offers at Rays stores. Notwithstanding the forgoing, nothing shall prevent Rays (at its sole discretion) offering promotional offers to individuals who are not Members, changing the terms of the membership entitlements, adding membership entitlements, and removing any membership entitlements.
  11. Loyalty Credits – Where a Member purchased a product at the full retail price offered by Rays (excluding discounted products, promoted products, multi-buys, bonus buys, combo sales, and/or any other special offers), the Member will be credited 10% of the value of the product (excluding freight/shipping) to their account (where $1AUD equals $1 Loyalty Credit). The Member will receive notification via email (where a validated email address has been provided) when Loyalty Credits are allocated to their Membership account.
  12. To spend Loyalty Credit, the Member must scan their card at a Rays store before making their purchase, or be logged into their Membership account on the Website before completing an online purchase. For clarity and subject to these Terms and Conditions, $1 Loyalty Credit equates to the value of $1AUD when the Loyalty Credits are redeemed with Rays.
  13. Rays reserves the right to exclude certain products and services from the Program. These products and services include but are not limited to “Round Up” Donations, charitable products such as “Red Nose Day”, freight, handling and Gift Cards.
  14. Membership is considered activated once the Member’s profile has been fully completed online. Members will receive notification of this activation via email (if a validated email address has been provided).
  15. The redemption and/or use of the Loyalty Credits is subject to the following conditions:
    1. The Member must present his/her card for scanning at the point of purchase for each transaction to ensure Loyalty Credits can be issued by Rays under the Program at a future date if applicable. If the card is not presented to us prior to the transaction being processed by us, then no Loyalty Credits will be issued to the Member for that transaction (if applicable) under the Program. Rays will not automatically redeem the Loyalty Credits in the Member’s account towards any purchase without the Member’s request to a Rays team member at the point of purchase.
    2. Loyalty Credits will be applied on the Member’s account within three days following the eligible transaction in a Rays store, and can be used from the date of allocation (AEST) by us to the Member’s account for a period of 90 days.
    3. The Member has 90 days (from the date of allocation (AEST) by Rays) to redeem the Loyalty Credits. After the 90 day period, any Loyalty Credits applied to the Member’s account as a result of a particular purchase will expire and cannot be redeemed towards any purchase with us.
    4. The Member can review their Loyalty Credit balance at any time by simply logging into their Rays Rewards Member page on the Website or by asking a Rays team member instore.
    5. Loyalty Credits are not redeemable for cash or exchanged for any other type of credits offered by Rays. Loyalty Credits cannot be used to purchase Gift Cards or lay-bys.
    6. The Loyalty Credits can also be redeemed by the Member towards freight and handling costs associated with making a purchase through the Website.
    7. The Rays returns policy found on Returns & Refunds will apply in relation to the return of products purchased using Loyalty Credits.
    8. Products can be purchased completely by just using Loyalty Credits (if the Member has sufficient Loyalty Credits balance in the Member’s account), however should a Member want to return (in accordance with Rays Returns Policy) any product purchased wholly via the redemption of Loyalty Credits, then the Member will simply have the Loyalty Credits refunded into the Member’s account. No cash will be refunded by Rays. Refunded ‘Loyalty Credits’ will have a 90 day expiry date from the date of the refund being issued.
    9. If a product is being returned after a purchase which was paid for by a combination of a cash and Loyalty Credits, then the Member will receive the refund in the same combination and proportion. For example, a Member bought a sleeping bag using $25 cash and $25 Loyalty Credits. The refund would be issued as $25 cash and $25 Loyalty Credits back onto their Membership account.
    10. Ray’s Direct members can apply for a Membership however the Ray’s Direct Discount cannot be used in conjunction with the Card, only one or the other can be used.
  16. The Member hereby irrevocably holds harmless Ray’s Outdoors Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the Member has or in the future may have against Ray’s Outdoors Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release Ray’s Outdoors Pty Ltd, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of this Program to the full extent permitted by law or unless the liability arises due to the willful default and/or negligence of Ray’s Outdoors Pty Ltd. The term “related bodies corporate” has the meaning given to the term “related company” by the Corporations Act 2001 (Cth).
  17. To the extent permitted by law, Rays will not be liable for any delays, disruptions, omissions or errors in the operation of the Program including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.
  18. To the extent permitted by law, Ray’s Outdoors Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations, variations or change permitted under these Terms and Conditions.
  19. Where Rays is required to notify the Member of a particular matter (including without limitation, any change to these Terms and Conditions, suspension and termination of the Program, any change to the Membership entitlements) pursuant to these Terms and Conditions, Rays will notify the Member by email in the first instance (if a validated email address is provided) or by post (if a valid address is provided but no validated email address has been provided). Where a Member has not provided a validated email address or valid postal address, then Rays is deemed to have notified the Member if the notification is published on the Website and the notification is posted on the Member’s Membership account.
  20. Without in any way limiting the rights of Rays available in these Terms and Conditions and/or under law, if a Member is in breach of these Terms and Conditions and/or acted fraudulently, at any time, then Rays may cancel the Member’s Membership with the Program and any Member whose Membership is cancelled may no longer access Member promotional offers, the Loyalty Credits, or any other related benefits.
  21. Privacy: Rays, and/or its agents on its behalf, collects the Member’s personal information in order to operate the Program. If this information is not provided then the Member may not participate in the Program. By making an application, unless otherwise advised, the Member consents and authorises Rays and or any other third party (including without limitation a related body corporate, agents, contractors) to use this personal information for the purpose of conducting the Program. In addition this personal information and any other information that is obtained via the Program may be used by Rays,its parent company, Super Retail Group Ltd and related body corporates, for future marketing, promotional, research, product development and planning purposes in any form of media (including without limitation to communications made via ‘electronic messages’ as defined in the Unsolicited Electronic Messages Act 2007). A request by the Member to access, update or correct any information should be directed to Rays Rewards, PO Box 344, Lawnton, QLD, 4501 Australia.
 

Transition from Rays to Macpac

After the transition from Rays to Macpac, this section covers off the Terms and Conditions that will apply to your Membership under the Macpac Club.

Macpac Terms and Conditions

USE OF OUR WEBSITE BY YOU
Thank you for visiting the Macpac website. When you visit or purchase goods or services through our website, these Terms and Conditions and Privacy Policy (“Terms”) apply. The expressions “we”, “us” and “our” refer to the Macpac Group of Companies.
While we endeavour to keep our website up to date and error-free, mistakes can occur. We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website. If you have acted in reliance on a mistake on this website, we are not obliged to honour the mistake, and will contact you prior to processing your order.
We do not warrant that access to this website will be uninterrupted or error-free. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website.
You acknowledge that use of this website, and any services provided through it, are subject to these Terms and all applicable laws. By accessing and interacting with this website you accept these Terms. If you do not agree, you must refrain from accessing and browsing this website or using any of the services.

ACCURACY OF PRODUCT DESCRIPTIONS
We try to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

  1. Prices and colours of products may change, and all products are subject to availability;
  2. Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
  3. While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product;
  4. Descriptions of products are summaries only (with further information available on request to us);
  5. We may withdraw any product from sale for any reason, however that product might still appear on our website for a period of time after that withdrawal;
  6. Due to technical or human error, information may be recorded incorrectly or omitted.
  7. If a product offered by us is not as described, your sole remedy is to return it in unused condition to us. We make no undertaking that a product shown on our website will be available for purchase online, at all stores or at a specific store.

CARING FOR YOURSELF IN THE OUTDOORS
Macpac gear is tested in New Zealand’s rugged outdoors and made to perform for the purposes for which it was designed. We want you to get out there and enjoy it, but you must use the right gear for your activity. All outdoor activities, including backpacking, hiking, biking and climbing all have an element of risk which could result in serious injury or death. Please ensure you use the correct gear and assume responsibility for your own safety. Information on our website cannot be relied on by you as a substitute for proper training and instruction.

PRICING
All prices and delivery charges on our site are in New Zealand dollars (NZ$) or Australian dollars (AUD$) and are inclusive of New Zealand GST (if any). International orders (for countries other than New Zealand and Australia) will be processed in New Zealand dollars (NZ$).
If you order products for delivery outside New Zealand or Australia, the products may be subject to import duties and taxes which are levied when the delivery reaches its final destination. You will be responsible for payment of these duties and taxes.
We reserve the right to alter prices and delivery charges for any reason at any time. If there is a pricing mistake on our site, we are not obliged to honour such price, and will contact you prior to processing your order. Online only deals are for a limited time, available online only while stocks, colours and sizes last. Not all multibuys are available online.

SALE & PROMOTIONAL PRICING
Unless otherwise stated, all sale and promotional advertisements relate to the original price of Macpac branded products sold both in-store and online, while stocks last, and exclude the following: products marked as Clearance, footwear and all third party or non-Macpac branded products. Availability of styles, sizes and colours may vary by store and online. Macpac reserves the right to conclude or extend sale pricing at any time and without advertised notice.

CLEARANCE PRICING
All current discounts are reflected in the advertised Clearance price. While stocks last. Availability of styles, sizes and colours may vary by store and online. Clearance promotions are defined as discounts over and above the original Clearance price and are applied to the original Clearance price. All Clearance promotion discounts are reflected in the advertised Clearance price during the length of the promotional period. For all Clearance items online, the price may have been available for longer than the previous price.

MACPAC CLUB
By joining you agree to receive information from Macpac, including e-mails. Club discounts and conditions apply as set out on our website. We may amend the benefits and discounts available from time to time and any changes will be communicated via our website. Membership is not transferable. You are responsible for all activities that occur under your account or password, and for maintaining the secrecy of your account and password. If you are under 18 you are not authorised to make purchases without the involvement of your parent or guardian.

EARNING AIR NEW ZEALAND AIRPOINTS™ AT MACPAC
Macpac is proud to be an Airpoints™ partner. You can collect Airpoints Dollars™ each time you make a purchase at any Macpac store and scan your valid Airpoints™ card, or when you make a purchase online and enter your Airpoints™ number at the checkout. You will earn Airpoints™ at a rate equivalent to 1 Airpoints Dollar™ per $115 spent or a percentage of an Airpoints Dollar™ based on the percentage of $115 spent.
It’s important to note that Airpoints will not be earned on the freight component of an online purchase. From time to time we may offer extra Airpoints Dollars on items in store, and these items and/or the number of Airpoints Dollars may change at any time without notice. We may also make limited time Airpoints Dollars™ offers direct to select Airpoints™ members at our discretion.
When you use a Macpac Gift Card to pay for your purchases you will also earn Airpoints™, but not when you purchase the Gift Card. Airpoints Dollars™ are not applicable to cash withdrawn as part of an EFTPOS transaction. Airpoints Dollars™ cannot be redeemed or used as payment in Macpac stores or on our websites. Airpoints Dollars™ earned at Macpac will be loaded onto your Airpoints™ account within one month.

MACPAC GIFT CARDS
Macpac gift cards are only redeemable in the country of purchase. When redeeming a gift card online, only one gift card is valid per transaction. In the event that gift card value information is unable to be retrieved online, we reserve the right to decline a gift card transaction until the correct card value can be verified. To use multiple gift cards, please visit one of our Macpac stores or contact us for further information. Gift cards are non-transferable, cannot be redeemed for cash, and cannot be credited to an account. No change will be given. Cards can be redeemed in full or for part of a payment. Unredeemed balances will remain on the card until used. Macpac cannot replace, redeem or refund lost, stolen or damaged gift cards. Gift cards can be used in conjunction with another form of payment. Gift card balances can be checked in store, or please contact customer service by clicking here for this information.

YOUR PRIVACY
Keeping your personal details secure and confidential is a key concern for us. Please refer to our Privacy Policy, available here. By using our website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy.

PAYMENT SECURITY
It is critical to us that your payment information is secure. We employ up to date security tools to keep this information safe. We use the secure Hosted Payment page solution from DPS to process online orders. You can see your cards being authorised in real time, all in a SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience. Your credit card details are not stored by us.

PRODUCT REVIEW GUIDELINES
We welcome your feedback on products you have purchased. If you review a product online please keep your review focused on the particular product, avoid writing about customer service (contact us instead here if you have issues requiring attention), refrain from mentioning competitors of Macpac or the price you paid for the product, refrain from using profanities and don’t include any information that would enable personal identification of you (such as your full name). Your review will be moderated in accordance with these guidelines, and posted on the product page on the website.

WARRANTY, RETURNS AND OUR LIABILITY
We trust our gear completely, so all Macpac products are fully warranted against defects in materials and workmanship. Click here for details. If your purchase fails due to a major fault you can ask for a full refund or a replacement. Or we will repair it free of charge. If it fails due to a minor fault, it maybe repaired or we will replace it or offer you a refund. If you change your mind after purchasing a product, you are welcome to return it for a full refund, a store credit or alternative product. Terms and condition apply. Macpac is committed to complying with all our obligations under consumer laws. Your rights are in addition to any rights you have under such laws.
To the extent permitted by law, any other condition or warranty which would otherwise be implied into these Terms is excluded. Macpac uses up to date virus protection tools to protect your device when accessing the website. However, Macpac does not warrant that this site, its servers, or e-mails sent from Macpac are free of viruses or other harmful components.
Macpac will not be liable for any damages of any kind arising from the use of this site, including but not limited to, direct, indirect, special, incidental or consequential damages.

THIRD PARTY WEBSITES
We may refer to, or provide links to third party websites on our site. In doing so we are not responsible for, nor do we endorse, any information that does not originate directly from us. We are also not responsible for information or goods or services at or accessible from those third party websites.

INTELLECTUAL PROPERTY RIGHTS
Macpac owns all intellectual property rights in and to this website and the products and information displayed in it and other material underlying and forming part of this website. Use of our trademarks or any intellectual property, information or other material from this website is not permitted without our prior written consent. Any other trademarks we use, are used with the permission of their respective owners.

TERMINATION OR SUSPENSION
We may at any time and without notice:

  1. change the format and content of this website;
  2. stop providing, suspend or restrict your access to this website if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or
  3. stop providing or suspend the operation of this website (in whole or in part).
  4. No such action will affect any of our rights or your responsibilities under these Terms.

APPLICATION OF LAW
Macpac will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under its contract with you that is caused by an event outside its reasonable control.
Each of these Terms is separately binding. If for any reason any Term is not effective or binding, all other Terms remain effective and binding. If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity that does not constitute a waiver of those rights.
Contracts for the purchase of products, and any dispute or claim arising out of or in connection with them or their subject matter or formulation, will be governed by New Zealand law. Any dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
All rights not expressly granted to you in these Terms are reserved. We may amend these Terms at any time without notice to you. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions.

CONTACT INFORMATION
Customer Service Enquiries:
Got a question about the Macpac range, your latest order, or pricing and promotions? Contact our customer service team on the details below. Or, for helpful advice and gear tips from our friendly staff, visit your local Macpac store.
New Zealand - 0800 622 722
Australia - 1800 128 504
International - +64 (0)3 964 9693
For NZ enquiries, please contact customerservice@macpac.co.nz
For AU enquiries, please contact customerservice@macpac.com.au

RAYS GIFT CARD
TERMS AND CONDITIONS

The Gift Card Terms and Conditions set out all the conditions applicable to the use of our Gift Cards. You will need to familiarise yourself with the Terms and Conditions before you place an order.

Please note: We are no longer selling gift cards. Any existing gift cards are still redeemable in-store and online.

Want to find out more? For more information, contact Rays Customer Care Centre on:

Phone: 1800 641 867 (within Australia)

Email: Complete our online enquiry form

  1. Document Definitions:
    1. "Access PIN" means the 4-digit Access PIN printed on the back of the gift card;
    2. "Card Number" means the 19-digit number that appears on the back of your gift card;
    3. "Gift Card" means the Gift Card that you have purchased from us for use in our store or on our website;
    4. "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your gift card which is unspent and can be accessed by using the Gift Card in accordance with these Terms and Conditions;
    5. "Rays", "we", "us" or "our" means a reference to Ray’s Outdoors Pty Ltd ACN 142 927 642";
    6. "you" or "your" means a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
  2. Accepting the Gift Card
    and agreeing to these Terms and Conditions:
    1. By purchasing, redeeming or attempting to redeem a gift card, you:
      1. accept and agree to be bound by these Terms and Conditions; and
      2. acknowledge that you have read and understood our Privacy Policy as referred to in clause 6 below (or available by calling (07) 3482 7900 or email privacy@raysoutdoors.com.au).
  3. Transactions made using the Gift Card.
    How and where you can use the Gift Card:
    1. Purchases with your gift card:
      Goods may be purchased from our store or on our website by selecting the goods and taking them to the point of sale operator in our stores or on our website. When making an instore purchase, the operator will request the Gift Card to be swiped in the pin pad, and for the Gift Card serial number and Access PIN to be entered into the pin pad. When making an online purchase, instructions will be provided on our website for the Gift card serial number and the Access PIN to be entered to complete the purchase. The transaction will be completed when the balance has reduced on the Gift Card. No change will be given - any remaining balance on the Gift Card (“Remaining Card Value”) can only be used in whole or part against future purchases subject to these Terms and Conditions.Our website can currently only process one gift card per transaction. To redeem multiple Gift Cards you will need to split your order over multiple transactions or shop instore.
    2. You acknowledge that the Gift Card may not be used:
      1. to pay a store or credit account;
      2. to purchase goods or services that we are not permitted to supply to you by law in the location of sale (for example, sale of weapons, knives etc.) - please observe the available signage or ask a store manager for any sale restrictions which apply;
      3. to purchase goods or services that are not permitted to be supplied to you under our company policy in the location the sale is to take place (for example knives will not be sold to persons under 18 and these sale restriction policies vary between stores) - please observe the available signage or ask a store manager for any sale restrictions which apply; and
      4. for purchases by email, phone or fax.
    3. The Gift Cards that are purchased directly from www.raysoutdoors.com.au in the same transaction will be pre-loaded and activated at the same time/concurrently.
    4. You agree that we will reduce the remaining card value by the value of all purchases of goods and services that are processed against the Gift Card.
    5. Your gift card may only be used to make purchases up to the remaining card value. If you wish to make a purchase for an amount that exceeds the remaining card value, you must pay the excess using another payment method.
    6. You cannot obtain any cash advance with your gift card or redeem your gift card for cash.
    7. Validity and expiry of Gift Cards:
      1. Your Gift Card will be valid for use for three years (36 months) from the date of issue or as otherwise indicated to you by us. Any balance that remains on a Gift Card will not be available for use after the card's expiry date
      2. To check the expiry date of your gift card, call 1800 641 867 (within Australia). You must convey the 19 digit Gift Card serial number and the Access PIN to our call centre operator. For balance enquiries online, you will be required to enter both the Gift Card serial number and Access PIN on the designated page of our website prior to getting access to the card information.
    8. Re-issue of faulty or damaged Gift Cards: The Gift Cards shall not be replaced by Rays unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Rays, its employees, agents or contractors.
    9. Destruction of Gift Card with no value: Once the remaining card value is completely used, please destroy your card by cutting it in half diagonally. Your gift card cannot be reloaded.
  4. Lost or stolen Gift Cards:
    1. Please treat your gift card like cash. Lost or stolen cards will not be replaced or refunded.
    2. Can I exchange my gift card? You cannot exchange your gift card for a different brand, denomination or type of gift card or for another tender, cash or discount.
  5. Your gift card, your responsibility:
    You are responsible for the use and safety of your gift card. You are liable for all transactions on your gift card, except to the extent to which there has been fraud or negligence by us or by any of our employees.
  6. Changes to Terms and Conditions:
    1. To the extent permitted by law, we reserve the right to change any of the terms contained in these Terms and Conditions at any time, including without limitation changes:
      1. to add or remove participating retailers and/or where the Gift Card may be redeemed;
      2. to add or remove goods or services which may be purchased with the Gift Card;
      3. for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
      4. to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
      5. where we, acting reasonably, consider that it will not be to your detriment.
    2. If you are unsure and require help with our terms and conditions, please contact our Customer Care Centre on 1800 641 867 (within Australia).
  7. Copyright:
    1. Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to us.
    2. We claim no ownership rights in any photographs and materials you submit to us. You grant to us and to our third party service providers, a perpetual, worldwide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, and distribute your photographs and materials for the purpose of allowing us to provide you with the Gift Card you have requested.
    3. You warrant that you will not make any claim against us or our third party service suppliers, for any use, publication or copying of the photographs and materials you have submitted to us and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
    4. Your Infringement of Copyright:
      1. We respect the intellectual property rights of others. If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you for resolution. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend your gift card and/or your order (“Order”) for the Gift Card until such time as the complaint is resolved. If you do not notify us within thirty (30) days of the referral date that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate your order and/or permanently suspend your gift card.
      2. If any person makes any claim against us or our third party service suppliers, claiming that any of the photographs and materials you submit to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
  8. Privacy and Confidentiality:
    1. Collection of Your Personal Information:
      1. We are committed to supporting the “National Privacy Principles for the Fair Handling of Personal Information”, the “Australian Privacy Principles (APPs)”, and ensuring that our privacy policy complies with the requirements of the Privacy Act.
      2. When you provide us with personal details (including but not limited to) your name and contact details, the information will be used as permitted by you and only for legitimate business reasons and we have established policies and procedures to ensure that all your personal information is handled in accordance with the law.
      3. So that we can fulfill your order and generally provide products and/or services to you, we may ask for personal details such as your name, address, telephone number, email address, merchandise information (purchases, orders etc.), method of payment, and/or your preferences.
      4. Generally, you have no obligation to provide any information requested by us however, if you choose to withhold the requested information, we may not be able to provide you with the goods and/or services that depend on the collection of that information.
      5. The personal information that we ask for is generally used to:
        1. provide goods and/or services to you;
        2. deliver products or services to you;
        3. complete other transactions with you or on your behalf;
        4. better understand your requirements and preferences;
        5. protect against fraud or theft; and
        6. provide offers that are of greater interest or benefit to you.
      6. We may also use your personal information in other ways to provide you with improved and enhanced goods and services. This may include using your personal information to advise you of new products and services.
    2. Cookies and How They Work:
      1. When you visit our website, our website will automatically send you a “cookie”.
      2. A cookie is a piece of text from a web server to your computer, and is used to identify you only by a random number. This information does not personally identify you, but it does tell us that your computer has visited our website and what areas of the website you have browsed.
      3. You can decline cookies by adjusting the setting of your browser, however this may affect the functionality and accessibility of our website and other websites.
    3. Who We May Share Your Information With:
      1. We may share your information with third parties for the purpose of promotional and direct marketing offers which we believe may be of interest to you.
      2. Where possible or without diminishing the purpose of the disclosure, we try to ensure that our disclosure of information to other organisations (e.g. researchers, marketers and other organisations with whom with have commercial arrangements) is in a way which does not personally identify the individuals.
    4. Access to Your Information:
      We will provide you with access to any of your personal information we hold (except in the circumstances recognised by the privacy law). If you require access to your personal information, please contact us on 1800 641 867 (within Australia). Of course, before we provide you with access to your personal information, we will require some proof of identity. For most requests, your information will be provided to you free of charge. However, to the extent permitted by law, we may charge a reasonable fee if your request requires a substantial effort or resources on our part.
    5. Other Sites:
      We are not responsible for the privacy practices of websites that are linked to our website. Please take care at all times to check the privacy policies of those websites you are visiting.
    6. Privacy Policy in Full:
      To view our Privacy Policy in full, please click on the Privacy Policy link provided, or contact our privacy officer on (07) 3482 7900.
  9. Errors and Complaints:
    1. Gift Cards:
      If you have reason to believe that an error has occurred in relation to your gift card, you should call 1800 641 867 (within Australia).
    2. Goods or services:
      subject to the law, any complaints about goods or services purchased with a gift card must be resolved directly with the store concerned.
  10. Force Majeure:
    To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
  11. Applicable Law:
    These Terms and Conditions are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a gift card is exclusively subject to the jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).