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Terms of Use

TERMS OF USE

Website

By you using this Website, you acknowledge and agree that you have read and understood these Terms of Use for the use of this Website and that these Terms of Use apply exclusively to your accessing and using this Website.

These Terms of Use may be varied from time to time by TRL Clothingamending these Terms of Use as they appear on this Website.

By you using this Website after these Terms of Use have been so varied, you agree that these Terms of Use as so varied will apply exclusively to your accessing and using this Website after any such variation.

TRL ClothingProducts

TRL Clothingproducts are only available from authorised resellers of TRL Clothingproducts and may not be purchased from this Website.

Authorised resellers are independent businesses from TRL Clothingand have no authority to bind or commit TRL Clothingin any way.

The information contained on this Website is provided for informational purposes only for the assistance of our authorised resellers and customers of TRL Clothingproducts in accordance with the following provisions of these Terms of Use.

Specifications

TRL Clothing’s policy is one of continuous development.

Availability and specifications of TRL Clothingproducts which appear on this Website may change.

Similarly, due to the nature of TRL Clothingproducts, reasonable tolerances and variations in the quality, sizes, finishes, weight, measurements, fabrics, materials, designs, patterns, shades, tints, colours, shrinkage and other specifications of TRL Clothingproducts may occur.

Likewise, all illustrations on this Website are intended as approximate representations only and are not binding in detail with regard to finishes, colour, shades, fabrics, materials and other specifications.

If you intend to print, embroider or otherwise alter TRL Clothingproducts in anyway, you are encouraged to test TRL Clothingproducts prior to doing so.

You should therefore check with your authorised reseller about the availability and specifications of TRL Clothingproducts before ordering TRL Clothingproducts, including even if you have previously ordered a particular TRL Clothingproduct.

To the fullest extent permitted by law, TRL Clothingaccepts no liability whatsoever for any loss or damage (including, without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with any of the foregoing.

Errors

You acknowledge and agree that despite reasonable precautions being taken, TRL Clothingproducts and other information on this Website may be listed with incorrect information due to errors, corruption or like events.

Intellectual Property

The material on this Website is copyright and is either owned or licensed by TRL Clothing. Other than for the purposes of, and subject to the conditions prescribed under the, Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  2. commercialise any information, products or services obtained from any part of this Website, without the prior written consent of TRL Clothing.

You are not permitted to use the trade marks, designs or other intellectual property rights of TRL Clothingwithout the prior written consent of TRL Clothing.

Restricted Use

Except as expressly prescribed in these Terms of Use or as otherwise authorised by TRL Clothingin writing, you are provided with access to this Website for your personal use only in connection with your consideration of purchasing TRL Clothingproducts.

Without limiting the foregoing, you are authorised to print hard copy portions of this Website for your own internal records and solely in connection with your consideration of purchasing TRL Clothingproducts.

Warnings

You must take your own precautions to ensure that your use of this Website does not expose you to risk of viruses or other forms of interference which may damage your computer system.

TRL Clothingdoes not warrant the accuracy, adequacy or completeness of information contained on this Website, nor does TRL Clothingundertake to keep this Website updated. TRL Clothingdoes not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this Website.

You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using this Website.

TRL Clothingdoes not accept responsibility or liability for any of the foregoing.

Linked Web Sites

This Website may contain links to other websites.

Those links are provided for convenience only, and TRL Clothingdoes not endorse or make any representations or warranties about those websites. The use of such other websites is at your own risk in all things.

Indemnity

You agree to indemnify and keep TRL Clothingfully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which TRL Clothingmay suffer or incur arising in any way in connection with your use of this Website or a breach by you of these Terms of Use.

Disclaimer

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

To the maximum extent permitted by law and subject to the following paragraph of this Clause 11, you agree that TRL Clothing has no liability, and will not be liable, to you or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) you or any other person may suffer or incur (whether by the negligence or fault of TRL Clothing or otherwise, except where TRL Clothing has purposefully acted in bad faith) arising in any way in connection with your use of this Website.

If rights are conferred upon you or obligations are imposed upon TRL Clothingby certain Federal or State legislation which cannot be excluded, the provisions of this Clause 11 shall be read subject to those rights or obligations, and to the extent permitted by such legislation TRL Clothing hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

Subject to the preceding paragraph of this Clause 11, you agree that the liability of TRL Clothing(which cannot be limited beyond the following provisions) is limited to:

  1. in the case of the supply of goods by TRL Clothing, any 1 or more of the following (at TRL Clothing’s option):
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the costs of having the goods repaired; or
  2. in the case of the supply of services by TRL Clothing, any 1 or more of the following (at TRL Clothing’s option):
    1. the supply of the services again; or
    2. the payment of the costs of having the services supplied again.

For the sake of clarification, nothing in the preceding provisions of this Clause 11 is to be construed as TRL Clothinghaving any actual or deemed liability to you or any other person as a result of or in any way arising out of or in connection with your use of this Website.

Miscellaneous

The operator of this Website is referred to as TRL Clothing.

Any person, firm, company, government body or other entity who accesses or uses this Website is referred to as you or your.

To the extent of any inconsistency between these Terms of Use and this Website, these Terms of Use will prevail over this Website.

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

References to any document (including these Terms of Use) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time.

References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.

The failure of TRL Clothing to enforce or exercise at any time or for any period of time any term of these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect TRL Clothing’s right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of WA, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by TRL Clothing in any other jurisdiction.

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