This page (together with documents referred to on it) tells you the terms of use on which you may make use of our website www.trisled.com.au (“our site”). Please read these Website Terms of Use carefully before you start to use our site. By using, browsing or accessing our site, you indicate that you have read, understood and accept these Website Terms of Use and that you agree to abide by them. We encourage you to read these Website Terms of Use, and contact us on if you have any particular questions in relation to our site. If you do not agree to these Website Terms of Use, you should refrain from using our site.
INFORMATION ABOUT US
www.trisled.com.au is a site operated by Ben’s Big Ideas Pty Ltd, trading as “Tri-Sled” (“we” or “us”) of 27 Chickerell St, Morwell VIC 3840, Australia. We supply human powered racing, recreational and load application bikes, bikes on a hire basis, and various parts, components and kits.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
PRICING AND STOCK AVAILABILITY
Prices shown on our site are in Australian Dollars (AUD). Australian GST is included for all model prices listed on this site, with the exception of the online store which adds GST to products during the checkout process (unless stated otherwise). Prices and stock availability are subject to change effective immediately upon posting to our site or other form of notification, such as notification by us at the time of order.
While we take care to ensure that all prices quoted on our site are accurate, errors may occur. Additionally, products may be unavailable or out of stock from time to time. If we discover an error in the price of any product you have ordered or if a product is unavailable or out of stock, we will inform you as soon as possible and give you the option of cancelling it, or reconfirming the order at the correct price (in the case of a price error) or placing another order for a substitute product of equivalent value (in the case of the product being out of stock). If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product you will receive a full refund.
We are under no obligation to sell the product to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.
BUYING PRODUCTS FROM OUR SITE
All products purchased through our online store are subject to Trisled’s Online Terms & Conditions. All other products and services purchased from us (whether advertised on our site but outside our online store or otherwise) are subject to Trisled’s Commercial Terms & Order Form, which will be delivered to such customers during the corresponding order confirmation process.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site or e-commerce facilities for commercial purposes (whether in the form of re-selling products or services on aggregate comparison sites or otherwise) without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
INFORMATION POSTED
Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any products or services provided therefrom, by any visitor to or user of our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials, products or services will not infringe intellectual property rights of any third parties.
We attempt to be as accurate as possible when we describe our products and services on our site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available or offered on our site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard, safety or quality of any of the products offered via our site.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material available on or via our site may be out of date at any given time, and we are under no obligation to update such material.
POLICIES & GUIDELINES
You shall comply with our user manuals, policies and guidelines as apply from time to time, including, without limitation, our Shipping and Returns Policy and our Online Terms & Conditions.
OUR LIABILITY
The material, content, product descriptions, standard, quality and specifications displayed on or via our site, and any products or services provided therefrom, is provided without any guarantees, conditions or warranties as to its accuracy, completeness or currency. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss or interruption of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
• in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
• in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. In order to make purchases through our site, you will be requested to provide your personal details, in particular, your real name, phone number, address, e-mail address and other requested information. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that you are the authorized account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.
LINKING TO OUR SITE
You may link to our home page, provided you inform us and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request via our contact page.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your linking to or from these sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all third party website pages and other websites that you visit. Links or other connections to these sites do not imply any endorsement of the material on them or any association with their owners, operators or advertising material.
FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, bikes, engines, parts and components, rickshaws, software, hardware or communication network.
VARIATIONS
We may revise these Website Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Website Terms of Use may also be superseded by provisions or notices published elsewhere on our site. Any changes are effective immediately upon posting to our site. Your continued use of our site thereafter constitutes your agreement to all such changed Website Terms of Use. If you do not agree to any change, then you must immediately stop using our site.
SEVERABILITY
If any provision in these Website Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Website Terms of Use which will continue in full force and effect.
JURISDICTION AND APPLICABLE LAW
Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use. By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact us.
Thank you for visiting our site.