General Website Terms of Use

Trojan Classic Motorcycles

 

1. Acceptance of Terms

1.1 This Website is owned and operated by Trojan Classic Motorcycles Pty Ltd ACN 121 667 721 (Trojan, we, us).

1.2 By using the Website, or by signing up to our mailing list, you (you) agree to be bound by the following agreement (Terms of Use) between you and us. These Terms of Use incorporate our Privacy Policy and Product Purchase Terms and govern your access to and use of this Website.

1.3 If you do not agree to these Terms of Use, please exit the Website immediately.

1.4 We may update these Terms of Use by posting the new version on the Website at any time and without separate notice to you. Your continued use of this Website after we post any changes to these Terms of Use constitutes your agreement to those changes.

 

2. Your Warranties and Obligations

2.1 You agree to:

(a) comply with these Terms of Use and all applicable laws and regulations; and

(b) use the Website in good faith and for personal use only.

2.2 You must not:

(a) use the Website in breach of any applicable laws or regulations;

(b) interfere with, disrupt, or create an undue burden on the Website; or

(c) permit a third party to:

(i) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the content; or

(ii) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

If you believe that a user has breached any of the above conditions, please contact us.

2.3 Trojan reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant Trojan a non exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.

2.4 Trojan is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Trojan. Trojan does not endorse any opinion, advice or statement made by any person other than Trojan.

2.5 You agree to indemnify Trojan and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Trojan in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.

 

3. Registering as a user

Setting up a registered user account

3.1 You may set up a registered user profile at any time. As a registered user, you will have access to additional functionalities on the Website, such as storing your contact details, vehicle details and card information to make finding and purchasing products faster.

3.2 By registering as a user you:

(a) agree to not disclose your Website login ID password to anyone else and to keep this information secure and confidential;

(b) warrant that your profile:

(i) is true and submitted in good faith; and

(ii) is your own and not that of another person or business; and

(c) If you are registering on behalf of a company, you represent and warrant that you are authorised to bind that company to these Terms of Use.

Managing your registered account

3.3 You can log in to your account on the Website to manage your account.

3.4 By registering as a user, you may subscribe to our mailing list where we may send you information and special offers from our store and affiliates. You can unsubscribe from our mailing list at any time by contacting us.

3.5 We reserve the right to cancel your registered user account for any reason at any time.

3.6 You may cancel you registered user account at any time for any reason, by contacting us. It may take up to 5 Business Days for us to process your deregistration.

 

4. Intellectual Property Rights

4.1 The material on the Website is protected under Australian and international copyright and other laws governing protection of Intellectual Property Rights. Intellectual Property Rights in images, trade marks and other content on the Website are owned by their respective owners. You must not deal with the material on the Website in any way which infringes on the content owner’s Intellectual Property Rights without separate written permission from the content owner.

4.2 You may post links to article pages on social media or other sites, but may not deep-link to embedded frames or images. Please contact us if you wish to re-post articles or images from this Website on another site, as some materials are subject to third party licences.

 

5. Disclaimers and Limitation of Liability

5.1 By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.

5.2 To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in connection with the Website are excluded. By accessing this Website, you agree to indemnify Trojan and each of its Affiliates for any loss, damage, cost, or expense whatsoever suffered arising out of or in connection with your use of the Website.

Responsibility for Own Actions

5.3 Each party agrees to release and hold harmless, indemnify and defend the other party and its Indemnified Officers against any Claim or Liability from or in relation to:

(a) its own negligence or malpractice, or reckless or intentional misconduct; and

(b) its own failure to perform its obligations and responsibilities under these Terms of Use.

Indemnity

5.4 You agree to release and hold harmless us, indemnify and defend us and our Indemnified Officers against any Claim or Liability arising from or in relation to:

(a) the misuse of the Website by you or anyone you allow to log in to your account, whether deliberately or otherwise;

(b) your breach of any law or infringement of any third party rights including Intellectual Property Rights;

(c) any acts or omissions of anyone whom you allow to access the Website from time to time, whether deliberately or otherwise; or

(d) your breach of these Terms of Use or your breach of any warranties under this agreement.

5.5 You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:

(a) third parties, including delivery service providers;

(b) any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;

(c) any loss or damage to persons or property (including data) caused by:

(i) the use of the Website or any Product;

(ii) the inability to use the Website or any Product;

(iii) the reliance on any information provided on the Website; by you or anyone whom you allowed to access the Website;

(d) our reasonable actions in denying anyone access to the Website for security reasons or non-payment;

(e) any error (whether negligent or in breach of contract or not) in information supplied by us to you or any other person;

(f) actions taken in relation to this agreement in accordance with our obligations at law or any order issued by a court of law or relevant government authority, whether directly or indirectly arising in connection with the Website, even if we knew or should have known about the possibility of such loss or damage.

5.6 You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use, including expenses for enforcing payment, on a solicitor and own client basis.

Limitation of Liability

5.7 Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

5.8 To the fullest extent allowable at law:

(a) we only accept liability to you as set out in this clause 5, or as required by consumer or other laws which cannot be excluded by contract;

(a) we only accept liability to you as set out in this clause 5, or as required by consumer or other laws which cannot be excluded by contract;

(b) indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under this agreement;

(c) the information, services and material contained on this Website are provided on an "as is" basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, third party contractors or other users; and

(d) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed $100.00.

 

6. Linking and Third Party Content

6.1 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Trojan. Trojan does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

 

7. Termination of Access

7.1 If we in our absolute discretion determine that you have committed a breach of these Terms of Use, in particular the user warranties and obligations, we may immediately and without further notice to you, suspend your use of the Website by technical or other means.

 

8. Violations

8.1 Please support the Website and report any violations of these Terms of Use by contacting us.

 

9. General

Jurisdiction

9.1 The laws of NSW, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction. Severability

9.2 If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

 

10. Definitions and Interpretation

Definitions

10.1 In these Terms of Use:

(a) Affiliates means officers, employees, agents, contractors, suppliers and licensors;

(b) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).

(c) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Sydney, NSW, Australia.

(d) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.

(e) Consequential Loss includes, without limitation:

(i) loss of data or unauthorised disclosure of data; and

(ii) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and

(iii) disappointment, distress, stress, and inconvenience.

(f) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

(g) Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.

(h) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

(i) Product means any item available for purchase on the Website.

(j) Terms of Use means this agreement including schedules and appendices, if any.

(k) Website means the website which may be accessed at www.trojanclasics.com.

Interpretation

10.2 The following rules of interpretation apply unless the context requires otherwise:

(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;

(b) a reference to these Terms of Use or another document includes any variation, novation, replacement or supplement to any of them from time to time;

(c) a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;

(d) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;

(e) specifying anything in these Terms of Use after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;

(f) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

 

11. Contact

11.1 If you have any queries regarding these Terms of Use, please contact us.