Terms of Service

Terms of Service

Last Updated: Sunday, 28th August 2022 @14:25 pm

Introduction

These Terms and our Related Policies apply to your use of this Website and to the placement and fulfilment of Orders.

Your continued use this Website will constitute your acceptance of these Terms and our Related Policies.

If you do not accept these Terms and our Related Policies, you must not continue to use this Website.

 

Related Policies

Personal Information is handled in accordance with our Privacy Policy.

Our Website uses cookies as set out in our Cookie Policy.

Orders for products are processed in accordance with our Shipping Policy.

Refunds, returns and warranty claims are processed in accordance with our Returns Policy.

For terms and conditions relating to temporary promotions or special events, please see our Promotion Terms.

 

General Disclaimers

Website Content

This Website is made available to you on an ‘as-is’ and ‘as-available’ basis.

While we take reasonable care, to the maximum extent permitted by law, we do not represent, guarantee or warrant that this Website, or any of its content, will be:

  • free from errors or inaccuracy;

  • up-to-date;

  • unaffected by changes that may occur in the future, including future legislation, regulations, case law, public policy and general industry practices;

  • free from defects, corruption, computer viruses or other malicious code;

  • continuously available without interruption or outage; or

  • suitable for any intended purpose.

 

Amendments & Corrections

We may at any time and without prior notice update, replace, remove or modify any content on this Website, including but not limited to products and product descriptions or specifications, or suspend or limit access to any part of this Website, for any reason or purpose at our sole discretion, including for:

  • scheduled or unscheduled maintenance;

  • security purposes;

  • legal compliance;

  • correction of any error, omission or inaccuracy;

  • management of product demand, shortages or unavailability.

 

Your Security

For security reasons, we strongly recommend that you:

  • ensure your devices, web browsers, apps and other software are up-to-date with the latest security patches and software updates;

  • scan any attachments or downloads from this Website prior to use or opening; and

  • adopt other best-practice security measures - including multi-factor authentication, password management, payment security protocols and cybersecurity awareness training - as appropriate for your circumstances.

 

No Professional Advice

The content provided on this Website is intended for a general audience and is not intended to constitute legal, medical, financial or other professional advice or recommendations.

We strongly recommend that you seek independent professional advice appropriate for your circumstances.

 

Opinions

Unless otherwise stated, any opinion expressed in the content of this Website is the opinion of the author.

 

Third-party website links

Where a link is provided to a third-party website (eg a product supplier or manufacturer's website):

  • such link is provided for convenient reference only;

  • unless otherwise stated, such link does not imply any association or affiliation with, or endorsement, approval or sponsorship by, that third party or vice versa;

  • unless otherwise stated, we do not have any control over the accuracy, integrity, security or nature of the content published on the third-party website;

  • to the maximum extent permitted by law, we do not accept responsibility for, nor do we make any representation or warranty regarding, any information or content that may be published on the third party's website.

 

Product & Service Disclaimers

Prices, Taxes & Duties

Prices advertised are subject to change at any time without prior notice.

We reserve the right to correct any price that we determine has been incorrectly advertised without prior notice.

Unless otherwise stated, all prices advertised on this website include Australian Goods and Services Tax (GST) where applicable. The total GST applied will be displayed at the time of checkout, or on a tax invoice provided with your Order.

If you are located outside of Australia, or your Order is for delivery to an address outside of Australia, you acknowledge that your Order may be subject to local taxes, tariffs and customs or import duties in that jurisdiction. You acknowledge that you will be solely responsible for payment of such costs, and that these costs may apply to you in addition to the prices advertised on this Website.

 

Availability

All products advertised on our website are advertised on a "while stocks last" basis. Unfortunately, from time to time, a product may be out-of-stock due to temporary supplier shortages or increased demand.

To ensure that we can meet demand for products, we reserve the right to limit Orders for products to a reasonable quantity per customer at our discretion. We reserve the right to place limits upon, or refuse to accept, Orders for excessive quantities of product.

Any stock levels displayed are approximate only.

 

Promotions, Specials, “Limited Time Only” and “Clearance” items

Some products may be advertised on a promotional, special, "limited time only" or "clearance" basis and may be withdrawn from sale at the end of the relevant promotional period, or upon depletion of available stock.

Unless otherwise stated, we do not offer rainchecks or store credits if a promotional, special, limited time only or clearance item is unavailable at the time you place your Order.

 

Appearance & Specification

All product images or videos published on our Website, or on other channels including social media, are for illustration, indication or as a suggestion only.

Product descriptions and specifications are based on supplier information or product research and are published as a good faith description of the relevant product.

Due to variation in composition, materials and ongoing product development, some products may vary in appearance or specification from the images or descriptions shown.

You acknowledge that display calibration, colour representations and image resolution may vary between devices and displays. The actual product colours may vary slightly from the colour or image represented on your device or display.

 

Additional Terms & Conditions

Additional terms or conditions may apply to the purchase of some products or the use of certain payment methods.

Such additional terms will be communicated to you as part of the checkout process, or published with the relevant product.

 

IP Rights

Our IP Rights

The content of this Website is protected by our IP Rights, including copyright, moral rights and trade mark rights. We retain ownership of all our IP Rights and reserve all our rights in relation thereto.

You may not copy or reproduce this Website or its content in any format, except as permitted by law or with our prior written consent.

 

Third-party IP Rights

We may use or refer to third-party IP Rights in the content of this Website. Such use is made in good faith, pursuant to a licence of the third-party IP Rights holder, or in the course of what we consider to be fair dealing for a lawful purpose.

Third-party trade marks referenced on this Website remain the property of their registered owners.

Except as otherwise expressly stated, the use of, or reference to, a third-party trade mark, third-party IP Rights, or a third-party product does not represent or imply any affiliation or association with, or sponsorship, endorsement or approval by, that third-party or vice versa.

 

IP Right Claims, Complaints & Enquiries

If you have an enquiry, complaint or claim regarding third-party IP Rights, please contact us in the first instance.

We may require you to provide substantiation of the subject of your enquiry, complaint or claim, including as a minimum:

  • identification of the relevant third-party IP Rights;

  • identification of the allegedly infringing content on this Website (if any);

  • identification of the alleged owner of the third-party IP Rights; and

  • a warranty that you are, or are authorised to represent, the owner of the third-party IP Rights.

 

Prohibited Uses

Except as permitted by law, or as incidental to your ordinary, reasonable, personal and temporary use of this Website, you may not without our prior written consent reproduce, aggregate, download, store, broadcast or communicate to the public, in any manner, any part of this website, its content or any IP Rights subsisting therein, including but not limited to documents, images, logos, trade marks, videos, sound recordings, multimedia, photographs, product descriptions, product specifications, brochures, guides, marketing copy, web pages, articles or blog posts.

Except as permitted by law, you may not without our prior written consent:

  • access, use, reproduce, aggregate, download, store, broadcast or communicate to the public, in any manner, any part of this Website, its content or any IP Rights subsisting therein for the creation or operation of a similar store, or operating as a wholesaler, aggregator, reseller, commercial supplier or distributor of the products advertised on this Website; the aggregation or compilation of product databases, lists or directories; the transmission of unsolicited electronic messages or malicious software; or any unlawful purpose;

  • reverse engineer or gain unauthorised or unlawful access to this Website;

  • attempt to do any of the foregoing; or

  • authorise, incite or assist any other person to do or attempt any of the foregoing.

 

User Content

This clause applies where we allow or invite you to submit any comment, product review, testimonial, suggestions or feedback (User Content) including content for internal use, market research, product development, or potential publication on this Website.

In submitting any User Content to us, you agree that you will:

  • only submit User Content that is your reasonable and genuinely-held opinion, given in good faith, and that you reasonably believe to be truthful and accurate;

  • not submit any User Content that is offensive, derogatory, defamatory, harassing, unlawful, fraudulent, false or misleading;

  • not submit any User Content that infringes, or is likely to infringe, the IP Rights (including moral rights) of a third party;

  • not submit any User Content under a false name or alias; and

  • indemnify us, and our Related Parties, against any liability or claim made in relation to your User Content.

You grant us an irrevocable, perpetual, world-wide, royalty-free licence to use, reproduce, publish and modify any User Content you submit (including any IP Rights subsisting therein) for the purpose of operating this Website, promoting the products sold on this Website, for improving our Website or business operations and for related purposes.

If User Content is published as a testimonial or product review, we reserve the right to edit such User Content for the purpose of readability, length, accuracy or formatting, or otherwise as permitted by law.

Any User Content is published at our discretion, and we are not obliged to publish any User Content whatsoever.

We may remove or alter any previously published User Content at our discretion without notice.

We may also impose other requirements, criteria or limitations on the publication of User Content (such as moderation) at our discretion.

 

Limitation of Liability

General

To the maximum extent permitted by law:

  • we exclude all guarantees, representations and warranties, whether express or implied, in relation to this Website and its content;

  • we exclude all responsibility and liability (including liability for consequential loss) for your use or reliance upon this Website or any of its content;

  • you agree to indemnify and hold us harmless against any claim, loss or damage (including consequential loss) suffered by you or any of your related entities as a result of use or reliance upon this Website or any part of its content.

These Terms and our Related Policies are subject to any guarantees or warranties (such as the statutory guarantees implied by operation of the ACL) that are implied by law and cannot be modified or excluded. Nothing in these Terms or our Related Policies will be taken to exclude, modify or limit such guarantees or warranties where such exclusion, limitation or modification is not permitted by law.

To the extent that:

  • the provision of this Website or its content, or the supply of goods or services whether pursuant to an Order or otherwise, constitutes a supply of goods or services to which the ACL (or an equivalent law) implies statutory guarantees; and

  • such goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption,

then, to the maximum extent permitted by law, our liability will be limited to (at our election):

  • for services - the cost of supplying the services again, or payment of the cost of having the services supplied again; or

  • for goods - repairing the goods, supplying replacement or equivalent goods, or payment of the cost of repairing the goods, replacing the goods, or supplying equivalent goods.

 

Product Warranties

For terms and information relating to product warranties and your Consumer Law Rights, please refer to our Shipping Policy and Returns Policy.

 

General

Definitions

Unless the context otherwise requires, words and phrases used in these Terms and our Related Policies have the meanings set out below:

  • ACL  the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

  • Consumer Law Rights – the rights and protections granted to consumers under the ACL or equivalent legislation in your jurisdiction.

  • Gift Card  has the meaning defined under s99A of the Competition and Consumer Act 2010 (Cth).

  • IP Rights  any rights of intellectual property, including trade marks and copyright.

  • Order – an order placed for the supply of goods or services by us.

  • Personal Information – has the meaning defined in the Privacy Act.

  • Privacy Act – the Privacy Act 1988 (Cth).

  • Related Parties – our employees, servants, officeholders, contractors, affiliates, service providers, licensors, related bodies corporate and agents.

  • Related Policies – the related policies published by us under these Terms, including our Shipping Policy, Returns Policy, Privacy Policy and Cookie Policy and other policies expressed to form part of these Terms.

  • Uncontrollable Event  Any event or occurrence that is beyond our reasonable control, including but not limited to: acts of God, accidents, natural disasters, pandemics, outbreaks of disease, fires, floods, earthquakes, tsunami, storms, and other extreme meteorological and weather events and phenomena; wars, radiation, nuclear incidents, invasion, acts of terrorism, riots, disruptions to government or law and order, and civil unrest; industrial action, work stoppages and strikes; imposition of laws, rulings, policy and regulations; imposition of quarantine, embargoes, trade sanctions and customs clearance regimes or restrictions; shortages of labour or materials; disruptions to mail, shipping, freight, transportation or cargo services; disruption or failure of telecommunications or information technology infrastructure, systems and software; or disruption or loss of access to, or corruption or loss of, data due to unauthorised intrusion, interception, hacking, denial-of-service attacks, computer viruses, malware or other malicious computer code.

  • we / us / our  BW Tribal Pty Ltd (ABN 70 625 424 133).

 

Interpretation

Unless the context otherwise requires, these Terms and our Related Policies are to be interpreted in accordance with the following rules:

A reference in these Terms or our Related Policies to:

  • the singular includes the plural and vice versa;

  • any gender includes each other gender;

  • any law or legislation includes its subordinate legislation, regulations, re-enactments and amendments;

  • times or dates are to Australian Eastern Standard Time (AEST) / UTC+1000;

  • monetary amounts are to Australian Dollars (AUD);

  • a business day is a day that is not a Saturday, Sunday or public holiday in the relevant place.

Anything done on a day that is not a business day in the relevant place will be taken to be done on the next business day. If anything that is required to be done falls due on a day that is not a business day, that thing may be done on the next business day.

The failure, or waiver, of a party to enforce any right under these Terms or a Related Policy does not operate as a waiver of any subsequent right.

 

Communication & Notices

Notices and other communications under these Terms or a Related Policy may be given by electronic communication to the address nominated by the recipient.

Where you have placed an Order, your nominated address will be the email address provided to us in connection with the Order. It is your responsibility to ensure that your nominated email address is accessible and able to receive messages at all times.

 

Governing Law

These Terms and our Related Policies are governed by the law of the State of Queensland in the Commonwealth of Australia.

You agree to submit to the non-exclusive jurisdiction of the courts and tribunals in Brisbane, Queensland, in respect of the construction or interpretation of these Terms or our Related Policies and in relation to any dispute arising under these Terms or our Related Policies.

 

Severability

If any part of these Terms or a Related Policy is void, unlawful or unenforceable, that part may be severed from the rest of these Terms or the relevant Related Policy without affecting the remaining parts.

 

Variation & Amendment

We may vary these Terms and our Related Policies at any time at our discretion without prior notice.

Amendments will be published on our Website, or notified to you, and will take effect from the later of the date of publication or the effective date stated in the relevant amendment.

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