1. Acceptance of Terms
1.6 If you are under the age of 13 you may not use our Website, or obtain goods or services from us. If you are between the ages of 13 and 18 you must have the permission of your parent or guardian to use our Website or obtain goods or services from us.
2. Accuracy of Information
2.1 All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither TTW, its related bodies corporate nor its or their directors or employees make any representation or warranty that:
(a) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(b) your access to the Website will be uninterrupted, timely or secure.
2.2 TTW will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
2.3 All prices for goods or services listed on the Website are in Australian dollars unless otherwise stated. These prices may exclude additional charges (such as taxes) and are subject to change without notice.
3. Limitation of Liability
3.1 TTW and its related bodies corporate attempt to be as accurate as possible in the description of products. However, TTW does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
3.2 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by TTW of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). TTW does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
3.3 Except as provided for by the Non-excludable Rights:
(a) all Content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied;
(b) TTW 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) TTW does not warrant that:
(i) the functions contained in any Content or any Communications Facility (as defined in clause 8.2) or your access to the Website will be uninterrupted or error-free;
(ii) any defects will be corrected; or
(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d) TTW does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you (and not TTW) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content; and
(f) TTW does not accept any liability in relation to any losses or damages in regards to the transport of Content to our office either electronically or in other formats sent via third party couriers. By submitting Content you understand and agree that this has been done at your sole discretion and risk and that you will be solely responsible for any loss or damage incurred. We recommend that you take all appropriate steps to protect the Content that you consider necessary to ensure that in the unlikely event that the Content is misplaced, lost or damaged, you have a backup or copy. Our recommendation of a particular method of transport, or our involvement in a third party courier service does not in any way suggest acceptance of any form of liability for any losses or damages of Content and, for the purposes of any Non-excludable Rights, does not constitute a representation that such method or third party service is fit for your particular purpose.
3.4 To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of TTW) will TTW or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that TTW does not exert control over users of the Website (including individuals referred to on the Website 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.
3.5 To the maximum extent permitted by law, TTW’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of TTW, to the following:
(a) in the case of services supplied or offered by TTW;
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by TTW:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
You agree to indemnify and hold harmless TTW and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
5.3 All software used on this Website is the property of TTW or its software suppliers and is protected by Australian and international copyright laws.
5.4 By providing Content to TTW, including but not limited to the purposes of uploading or printing, you agree that you are the rightful holder of the copyright for all the Content that you provide and are responsible for any legal dispute that arises out of any reproduction of the Content. Furthermore, you agree to release and indemnify TTW from any action whatsoever in relation to any claim for breach of copyright arising in relation to the Content that you provide.
6. Names and Logos
6.1 The TTW name and logo and the names and logos of TTW products (“TTW Names & Logos”) form a part of the established corporate brand and image of TTW and its related bodies corporate, which TTW considers to be a significant proprietary asset. Unless the prior written consent of TTW is obtained, you agree to not use any of the TTW Names & Logos in any way including, but not limited to:
(a) in, or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not TTW;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages TTW or the information, products or services of TTW (including this Website); or
otherwise hold yourself out as being associated with, related to or connected with TTW or its business.
6.2 Other product and company names or logos mentioned or displayed on this Website from time to time may be the trademarks of other people or entities. Nothing displayed on this Website should be construed as granting any licence or right of use of any trademark displayed on this Website, without the express written permission of the relevant owner.
7.1 In consideration of your use of the Website, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
7.2 You must provide your real name and email address when providing Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TTW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TTW has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
7.3 If you use the Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8. Electronic Communications and Your Conduct
8.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8.2 The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to TTW, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
8.3 It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
(a) restrict or inhibit any other user from using or enjoying any Communication Facility;
(b) 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;
(c) 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;
(d) post or transmit any material of any kind which contains a virus or other harmful component;
(e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
(g) download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
8.5 TTW 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.
9.1 TTW may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and TTW disclaims any and all liability in connection with Contributions. TTW assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. TTW is under no obligation to treat your Contribution as confidential.
9.2 TTW may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion and without prior notice to you.
10. Grant of Licence to TTW
10.1 By placing any Contributions, Content, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to TTW and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, Content, information or material:
(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
10.2 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 TTW and any other party authorised by TTW 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 TTW, you will execute and deliver to TTW such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
At TTW we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:
(a) TTW will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email; and
(b) If you are making an online purchase from TTW and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’
(c) NOTE: Whilst every precaution is taken by TTW when your Content is physically in our possession, we do not accept any liability for any misuse when Content is submitted, on its way to us (either electronically or via third party courier) or when the final product leaves our possession during delivery.
Please report any suspicious activity to TTW immediately.
12. Third party links and advertising
12.1 Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of TTW or its related bodies corporate and neither TTW nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.
12.2 The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by TTW or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
12.3 If you contact a third party using functionality provided on the Website, including via email, TTW accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
13. Errors and Omissions
TTW endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, TTW reserves the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.