TERMS & CONDITIONS

ACCEPTANCE

The trextriathlon.com.au website is operated by Allura Pty Ltd (ABN 99 084 617 434) trading as In2Adventure.  Use of this website is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers set out in these “Terms & Conditions”.

Please read these terms & conditions carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Allura Pty Ltd reserves the right to amend these terms & conditions without notice at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the Privacy Policy for users.

Your continued use of the website after any amendment becomes effective, constitutes an agreement by you to abide by and be bound by the Terms and Conditions, as so amended.

AGREEMENT BETWEEN USER AND ALLURA PTY LTD TRADING AS IN2ADVENTURE

The Trex Triathlon Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. This agreement is a contract between you and Allura Pty Ltd trading as In2Adventure (“In2Adventure”).  It sets out the terms and conditions under which you may purchase products online from In2Adventure.  Your use of the Trex Triathlon Web Site constitutes your agreement to all such terms, conditions, and notices.  Please read the terms & conditions carefully before placing your order with In2Adventure.

MODIFICATION OF THESE TERMS OF USE

In2Adventure reserves the right to change the terms, conditions, and notices under which the Trex Triathlon Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the In2Adventure.com.au Web Site. Your continued use of the Trex Triathlon Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFY SERVICES

In2Adventure may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.

PRICE

Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. Although every effort is made to ensure correctness, In2Adventure are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.

GOODS & SERVICES TAXES (GST)

Prices displayed on this website are inclusive of GST applied at the rate of 10%.

ORDERS

Any order placed by you is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. In2Adventure reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with In2Adventure only comes into existence when confirmation of receipt of your order and payment are forwarded to you.

DELIVERY

Please read the Delivery Information contained in the website. The delivery times are indicative only and although every effort is made to meet these guidelines In2Adventure will not be liable for any failure to observe these delivery times.

COLOURS

In2Adventure makes every effort to represent product colours correctly. However, the colour settings of computer monitors can vary considerably. As a result, there may be variations between the colour seen on screen and the colour of the item purchased. In2 dventure accepts no responsibility for variation in the colour of a product displayed on the purchasers computer screen.

RISK AND TITLE

In2Adventure will retain title to products you order until you have made payment in full for those products.  All risk in the products will pass to you upon their delivery to or collection by a postal service. You should consider whether to obtain any suitable insurance.

REFUNDS

The circumstance in which In2Adventure is obliged to make a Refund are outlined in the Refunds Policy.

PROPRIETARY RIGHTS

You acknowledge and agree that:

  1. The In2Adventure Web Site and software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
  2. The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
  3. Except as expressly authorised by In2Adventure or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.

DISCLAIMER

You expressly understand and agree that:

  1. Your use of the In2Adventure Site is at your sole risk.
  2. The In2Adventure website is provided on an “as is” and “as available” basis. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.
  3. In2Adventure, nor any of its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including nay non-excusable statutory obligations, none of them will be liable or responsible in any way  (including in negligence) for errors in, or omissions from, the information contained on this site.

To the extent permitted by law, In2Adventure expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose and non-infringement.  To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

In2Adventure makes no warranty that:

  1. The Site will meet your requirements.
  2. The Site will be uninterrupted, timely, secure, or error-free.
  3. The results that may be obtained from the use of the Web Site will be accurate or reliable.
  4. The quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations.
  5. Any errors in the Web Site will be corrected.

Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from In 2 Adventure or through or from the Web Site shall create any warranty not expressly stated.

If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

LIMITATION OF LIABILITY

You understand and agree that In2Adventure, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if In2Adventure has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

  1. The use of, or the inability to use the Web Site;
  2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
  3. Unauthorised access to or alteration of your transmissions or data;
  4. Statements or conduct of any third party on the Site; or
  5. Any other matter relating to the Site or products ordered through the Site.

To the extent permitted by law, In2Adventure’s liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 is limited to:

In the case of goods supplied by In2Adventure to any one of the following at our option:

1.     In the case of goods supplied by In2Adventure to any one of the following at our option:

a.     The replacement of the goods or the supply of equivalent goods;

b.     The repair of the goods;

c.     The payment of the cost of replacing the goods or of acquiring equivalent goods;

d.     The payment of the cost of having the goods repaired.

2.     In the case of services supplied by In2Adventure to any one of the following at our option:

a.     The supplying of the services again.

b.     The payment of the cost of having the services supplied again.

RIGHTS WE CANNOT EXCLUDE

The above disclaimer and limitation of liability do not exclude any rights which by law may not be excluded.

COPYRIGHT INFORMATION

The Trex Triathlon and In2Adventure name, including the distinctive slogans and logos and material that appear on the Web Site are protected by copyright under the laws of Australia and are owned by In2Adventure. The Trex Triathlon website also displays names, logos and slogans that are owned by third parties.  You agree not to display or use or link to the trade marks in any manner without prior permission from In2Adventure or the relevant third party owner.

Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support, the Trex Triathlon website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved, by Allura Pty Ltd trading as In2Adventure.

You are not authorised to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from content on the Trex Triathlon website.  You must not exploit any content on the Trex Triathlon website for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

LINKS TO THIRD PARTY SITES OR SERVICES

This site contains links to sites of third parties. Those sites are not under the control of In2Adventure and In2Adventure is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by In2Adventure. Any link by you to a third party’s site is done at your own risk. In2Adventure does not endorse any offers made by any third parties and is not a party to the making of the offer. The third party is solely responsible to you for any offer and for any goods and services you purchase from them.

TERMINATION

Your ability to purchase goods from this site may be terminated by In2Adventure at any time without notice. All restrictions, licences granted by you and limitations of liability of In2Adventure will survive termination.

VIRUSES

In2Adventure does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. In2Adventure will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on In2Adventure, it shall be limited to the cost of re-supplying that information.

INDEMNITY

In2Adventure relies on you observing these terms at all times. You agree to indemnify and hold In2Adventure and its officers and employees harmless from any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by In2Adventure in connection with your use of this site of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity in this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US

If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

APPLICABLE LAW

These terms and conditions are covered by the law in force in the State of Queensland, Australia and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.  If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

Last updated on 30th May, 2018