Terms of Use

Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as "Terms of Use").
Created: February 2011
Latest Feedback: September 2012

Introduction

The TriathlonOz website ("Site") is owned and operated by I.T. Beyond Pty Limited (ACN 086 714 490) ("I.T. Beyond"). Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as "Terms of Use"). Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. I.T. Beyond reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Site.

Intellectual property and restrictions on use of Content on the Site

All information, text, material, graphics, software and advertisements on the Site ("Content") are Copyright ©2011 I.T Beyond Pty Ltd, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The Content is protected by Australian and international copyright and trademark laws. Content on the Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by I.T. Beyond or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of I.T. Beyond or an Affiliate or which is prohibited by the Terms of Use.

Communication Facilities

The Site contains interactive communication facilities which provide for feedback by users to the Site, real-time interaction between users (including individuals referred to as visitors and members) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Site that you do not do any of the following:
  • restrict or inhibit any other user from using or enjoying any Forum;

  • post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

  • post or transmit any material of any kind which contains a virus or other harmful component;

  • post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

  • download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
In particular, your use of the TriathlonOz Forum is conditional upon your adherence to the Forum Rules and your acceptance of our Moderation Policy and Legal Threats Policy.

I.T. Beyond may from time to time monitor or review the contents of its Communication Facilities. While I.T. Beyond reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in I.T. Beyond's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, I.T. Beyond has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is I.T. Beyond responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

I.T. Beyond reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User Licence to I.T. Beyond Pty Ltd.

By placing any information or other material on the Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to I.T. Beyond a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of I.T. Beyond and any other party authorised by I.T. Beyond all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of I.T. Beyond, you will execute and deliver to I.T. Beyond such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of I.T. Beyond, and I.T. Beyond is not responsible for the contents of any linked web or any hyperlink contained in a linked website. I.T. Beyond provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by I.T. Beyond or its Affiliates. You link to any such website entirely at your own risk.

The Site also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by I.T. Beyond or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by I.T. Beyond, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

TriathlonOz Online Shop

Location

The TriathlonOz Shop is an Australian online retail store. We are not a manufacturer. All items are delivered to the consumer via the postage method applicable for the product (Courier or Australia Post). We accept orders worldwide and can ship goods to any country in the world. No facility is provided for pick-up of orders from a store location.

Range

The TriathlonOz Shop is designed with the interests of swimmers, runners, cyclists, triathletes, adventure racers, paddlers and other outdoor activities in mind. Other than clearly -labelled TriathlonOz branded merchandise, no product is manufactured or produced by TriathlonOz and as such, our range is only available for sale in retail volumes and at retail pricing.

Delivery Time

Stock of product items available in the TriathlonOz shop is located in a warehouse in South Australia, which is managed on our behalf by our warehouse agent Express Fulfilment. Goods are shipped via Australia Air Express (AEE) courier as confirmed by you in your shopping cart at the time of order confirmation.

Stock Availability

We actively maintain the stocking status of products shown in the TriathlonOz online shop so that any long-term unavailable item will have it's Add to Cart button disabled with an icon showing that is it "Currently unavailable".

Restocking Delays

If, at the time of receiving your order, we are unable to immediately send out your goods due to a temporary shortfall of stock, you will be notified via email (to the email address given by you within your order) and given the option to cancel your order or wait the expected restocking time.

Postage & Packaging

Postage and packaging charges are paid by the consumer. The combined cost is called "Freight" and is itemised and shown in the Shopping Cart before you finalise your order. TriathlonOz Members may be entitled to reduced freight charges on qualifying purchases - this is indiciated to you in the Shopping Cart and is system-calculated based on your active profile and order status.

Delivery Time

The delivery time is quoted in your order based on the assumption that you have made an online payment which would enable us to process your order immediately. If you do not choose to pay online and your order is delayed due to waiting for your payment to clear into our account we are not accountable for such delays. Cover for loss of goods is only given in accordance withthe Australian Air Express service.

Undeliverable Mail

It is the consumer's responsibility to provide a correct delivery address at the time of placing the online order. If an order fails to reach the consumer and is returned by the freight handlers due to insufficient address details then the consumer must pay the postage charge to have the parcel redelivered correctly. We are not obliged to repackage and send additonal stock to a new address until we are in receipt of the original stock. We take no responsiblity for delays as a result of incorrect order details provided by the consumer.

Damaged Goods

Goods are sent in first class condition and all care is taken to adequately package items. No responsibility is taken by I.T. Beyond for any damage that may occur during transit through the delivery service although all care is taken.


Order Process

After filling your cart you must click the CHECKOUT button to direct your browser onto a secure server to enable you to provide your private information. This server is secured via the use of SSL encryption.

Payment Options

At the CHECKOUT you will nominate your method of payment from the following options; Visa, Mastercard, American Express, Direct Deposit to our Account, Cheque, Money Order, or PayPal. Based on your selection, you will be given the appropriate information to allow you to proceed with the selected payment method.

Order Confirmation

After the payment screen is completed by the consumer, a system generated email confirming your ordered items will be immediately sent to the email address supplied in the order process. I.T. Beyond is not responsible for contacting consumers by any other means if the email fails due to an incorrect address being supplied by you in the order, or default address in your registered profile. No response is required by the consumer to this confirmation report however orders will not be processed until payment has been received. Please note that payments by cheque, money order and Direct Deposit must be received and cleared into our account before we will commence order packing. You will receive further email alerts confirming the status of each stage of the order up to order despatch.

The email address you provide is used to issue order status notifications throughout the processing, including the issue of a Tax Invoice. The invoice/receipt is sent as an HTML attachment to an email from orders@triathlonoz.com A print out of the invoice can be packed in your order, however this is not done unless requested.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by I.T. Beyond of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). TriathlonOz does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) I.T. Beyond and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) I.T. Beyond does not warrant that the functions contained in any Content or any Communications Facility or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) I.T. Beyond does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not I.T. Beyond) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of I.T. Beyond) will I.T. Beyond or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that I.T. Beyond does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, I.T. Beyond's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of I.T. Beyond to the following:
  • in the case of services supplied or offered by I.T. Beyond, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

  • in the case of goods supplied or offered by I.T. Beyond, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by I.T. Beyond, and I.T. Beyond may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses granted by you and all I.T. Beyond disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks of TriathlonOz and its Affiliates

All trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of I.T. Beyond, the relevant I.T. Beyond affiliate or third-party owner.

Miscellaneous

I.T. Beyond relies on your continued observance of these Terms of Use. If I.T. Beyond suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify I.T. Beyond for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by I.T. Beyond of any content or services.

This agreement will be governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

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